Wayne and Joyce Kirby v. Lion Enterprises, Inc.

WORKMAN, Justice:

This case is before the Court upon the appeal of the Petitioners, Wayne Kirby and Joyce Kirby, from the March 15, 2013, order entered by the Circuit Court of Marion County, West Virginia, granting a motion to dismiss and compelling arbitration in favor of the Respondents Lion Enterprises, Inc., and T/A/ Bastían Homes (referred to collectively *161as “Bastían Homes”). The Petitioners argue that the circuit court erred in concluding that: 1) the arbitration provision was “bargained for”; 2) the arbitration provision was “fairly negotiated”; and 3) the Petitioners’ claims are within…