Mabrey v. Victory Basement Waterproofing, Inc.

Thomas F. Bryant, Judge.

This is an appeal from a judgment of the Court of Common Pleas of Hardin County denying appellant’s motion filed on the eve of trial seeking leave to file an amended complaint setting forth as an affirmative defense the right to arbitration of the matter in suit.

Appellant is Victory Basement Waterproofing, Inc. (“Victory”). On January 24, 1992, claiming to be a consumer whose business was solicited by Victory, appellee Margaret Mabrey filed her complaint against Victory alleging claims for Victory’s violation of the Consumer Sales Practices Act, breach of express…