Calif. Appeals Court Reverses, Says Injury Claims Subject to Arbitration

SACRAMENTO, Calif. - Personal injury claims included with a list of alleged construction defects and other wrongs are subject to an arbitration clause in a home warranty, a California appellate court held March 15. Scrosati v. McRoy-Wilbur Communities Inc., No. C045375 (Calif. 3rd App. Dist.).

In an unpublished opinion, California's Third Appellate District reversed a ruling by the San Joaquin County Superior Court that a warranty mandating arbitration of 'any and all claims' did not apply to personal injury claims raised by the Scrosati family against McRoy-Wilbur Communities Inc.

Steven and Olga Scrosati purchased a home from McRoy-Wilbur in Ripon, …