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