Mariani v. Holloway

This is a medical malpractice action. Defendants appeal by leave granted from the trial court’s denial of their motions to compel arbitration. We reverse.

On August 16, 1979, a total abdominal hysterectomy was performed on Paula Mariani (hereafter plaintiff) at Seaway Hospital. The previous day, plaintiff had executed an arbitration _ agreement with respect to any claims arising out of health care provided by the hospital or defendant physicians. Following an evidentiary hearing, the trial court held that the arbitration agreement was not executed in compliance with the requirements of the…