BROEMMER v. OTTO

No. 1 CA-CV 89-249.

169 Ariz. 543 (1991)

821 P.2d 204

Melinda Kay BROEMMER, Plaintiff-Appellant, v. Steven R. OTTO, M.D., and Jane Doe Otto, individually and as husband and wife; Abortion Services of Phoenix, Ltd., an Arizona corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

Review Granted December 19, 1991.


Attorney(s) appearing for the Case

Fogel and Lamber by Dennis M. Lamber and Kenneth J. Love, Phoenix, for plaintiff-appellant.

Weyl, Guyer, Macban & Olson by A. Craig Blakey, II and J. Jeff Bouma, Phoenix, for Dr. Steven R. Otto.

Snell & Wilmer by Barry D. Halpern, John C. West, Bob J. McCullough and Robert H. Oberbillig, Phoenix, for Abortion Services of Phoenix, Ltd.


OPINION

GERBER, Judge.

This appeal involves an arbitration agreement between Melinda Broemmer and Abortion Services of Phoenix, Ltd. (ASP). The primary issue is whether the latter's standardized contract is an adhesion contract meeting the reasonable expectations of the parties. We find that the arbitration agreement is enforceable and conclude that the trial court properly dismissed the lawsuit.

FACTS

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