Guthrie v. Barda

Philip and Sylvia Barda brought a medical malpractice action alleging, inter alia, that Guthrie negligently failed to advise Philip Barda, his patient, of the consequences of certain surgery. The complaint contained a request for trial by jury on all issues.

Guthrie filed a motion to dismiss for lack of jurisdiction over the subject matter, C.R.C.P. 12(b)(1), and for failure to state a claim upon which relief can be granted, C.R.C.P. 12(b)(5). His motions were based on an arbitration agreement signed by Philip Barda, which stated:

“In the event of any controversy between the PATIENT or a…