Genovia v. Cassidy

Opinion

COOK, J. *

In this appeal we consider the propriety of the judgment of dismissal of a personal injury action, granted on motion of defendant/respondent, following an arbitration proceeding in which the plaintiffs/appellants had requested and obtained from the arbitrator the entry of an award for respondent, with intent to avoid submission of their claims for determination by the arbitrator.

I. The Background

Albert Genovia, acting for himself and as guardian ad litem for Justin Ahrenkiel (appellants), brought this action for damages for alleged personal injuries sustained in an automobile…