Ngo v. Trotter
This action arises from alleged medical malpractice that occurred when plaintiff Ut Ngo had sinus surgery performed by defendant Donald M. Trotter, M.D.. Nearly a year after Ngo filed his action, he filed a petition to compel arbitration based upon an agreement to arbitrate he signed at Dr. Trotter's office before the sinus surgery. Although there was a provision in the agreement to arbitrate for Dr. Trotter's signature to also agree to arbitration, Dr. Trotter did not sign the agreement.
The court denied the petition, finding that because Dr. Trotter did not sign the arbitration agreement, there was no showing that he intended to be bound by that agreement.
On appeal, Ngo asserts the court erred in denying his petition to compel arbitration because (1) the arbitration agreement was a final written offer to arbitrate by Dr. Trotter, which Ngo accepted by signing the agreement; (2) and denying enforcement of the arbitration agreement would encourage manipulation of the arbitral forum and undermines notions of mutuality. We affirm.
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