Contracts Keyed to Dawson
Broemmer v. Abortion Services of Phoenix
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Plaintiff and her mother went to the clinic expecting information about the pros and cons of an abortion, but were instead given three forms to fill out, one of which was the Agreement to Arbitrate. Plaintiff completed all three forms in less than five minutes, and returned the next day to have an abortion performed by Dr. Otto. As a result of the procedure, Plaintiff suffered a punctured uterus that required medical treatment. The Plaintiff later filed a malpractice complaint against Dr. Otto and the clinic (Defendants), and the Defendants moved to dismiss for lack of subject matter jurisdiction because arbitration was required. The trial court granted summary judgment in favor of the Defendants. The court of appeals held that although the contract was one of adhesion, it was enforceable because it did not fall outside of Plaintiff’s reasonable expectations and was not unconscionable.
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