Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Lhotka v. Geographic Expeditions, Inc., No. A123725

By FindLaw Staff on February 01, 2010 | Last updated on March 21, 2019

Trial court's denial of defendant's motion to compel arbitration of a wrongful death action brought by the survivors of one of its clients who died on a Mount Kilimanjaro hiking expedition is affirmed where: 1) plaintiffs made a sufficient showing to establish at least a minimal level of oppression to justify a finding of procedural unconscionability; 2) the arbitration clause was so one-sided as to be substantively unconscionable; and 3) it was within the court's discretion to conclude the agreement was so permeated by unconscionability that the interests of justice would not be furthered by severing the damages limitations clause and enforcing the remainder. 

Read Lhotka v. Geographic Expeditions, Inc., No. A123725 [HTML]

Read Lhotka v. Geographic Expeditions, Inc., No. A123725 [PDF]

Appellate Information

Filed January 29, 2010


Opinion by Judge Siggins

For Appellant:   Rubin, Hay & Gould, Rodney E. Gould, Walsworth, Franklin, Bevins & McCall, Laurie E. Sherwood, Alex F. Pevzner

For Appellee:  Law Offices of David J. Bennion, David J. Bennion, Law Office of Daniel U. Smith, Daniel U. Smith

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard