BKD Twenty-One Management Co. v. Delsordo

The defendants-lessors appeal a non-final order denying their motion to compel arbitration in this trip and fall action brought against them by the plaintiff-lessee. We reverse, because the arbitration provision in the lease agreement expressly applies to negligence claims arising out of or related to the defendants’ Establishment. Thus the plaintiffs premises liability claims against the defendants are within the scope of the arbitration agreement.

In January 2010, the plaintiff, John Del-sordo, signed a lease to rent an apartment at Newport Place, an independent retirement living facility.…