Arbitration Clause in 'Water Incursion and Mold Growth' Case Ruled Unenforceable

BATAVIA, Ohio - A state appeals court recently overturned a trial court's decision that, prior to filing their water intrusion and mold growth suit, the plaintiffs were required to enter arbitration with their home builder. Brian P. Drewry, et al., Plaintiffs/Appellants, v. Crossman Communities of Ohio, Inc., Defendant/Appellee, No. CA2002-12-106 (Ohio App. Ct., 12th App. Dist., Clermont Cty.).

In a Sept. 15 opinion, the Ohio's 12th District Court of Appeals reversed the judgment of the Clermont County Court of Common Pleas (No. 02CVC772), determining the trial court was in error when it found that an arbitration clause required the parties …