GROSSMAN v. THOROUGHBRED FORD, INC.

No. WD 69906.

297 S.W.3d 918 (2009)

Jerry GROSSMAN, et ux., Respondents, v. THOROUGHBRED FORD, INC., Appellant.

Missouri Court of Appeals, Western District.

As Modified December 22, 2009.


Attorney(s) appearing for the Case

Arnold R. Day, Jr., Esq., Kansas City, MO, for appellant.

Kimberly J. Westhusing, Esq., Kansas City, MO, for respondent.

Before DIVISION THREE: HAROLD L. LOWENSTEIN, Presiding Judge, JOSEPH M. ELLIS and LISA WHITE HARDWICK, Judges


LISA WHITE HARDWICK, Judge.

Thoroughbred Ford, Inc. ("Thoroughbred") appeals the judgment denying its motion to compel arbitration of fraud claims brought by Jilana and Jerry Grossman ("Grossmans"). For reasons explained herein, we reverse and remand.

FACTUAL AND PROCEDURAL HISTORY

On July 23, 2005, the Grossmans signed a Retail Buyers Order to purchase a new 2005 Ford Explorer from Thoroughbred. The purchase agreement contained a notice of arbitration...

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