Motion to compel an arbitration clause in a minor’s release cannot be denied without finding of fact.

The Superior Court found that the trial judge failed to make the required finding of fact in support of his denial of the defendant’s motion to compel arbitration. The denial of defendant’s motion was vacated. The trial court had merely denied the motion to compel arbitration from a waiver executed by the minor’s parents, when, in lieu of an answer, the plaintiff filed a motion to amend the complaint that alleged gross negligence.

_{Case Law Alerts, 2nd Quarter, April 2019}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}