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Gdowski v. Pothuloori

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Tuesday, March 18, 2014

A-13-0484, Tom Gdowski, Personal Representative of the Estate of Leo Gdowski v. Pratap Pothuloori, M.D., and GGNSC Columbus, LLC (Appellants)

Platte County, District Judge Robert R. Steinke

Attorney for Appellant: Jeanelle R. Lust (Knudesen, Berkheimer, Richardson & Endacott, LLP)

Attorney for Appellee: Shayla M. Reed (Reed Law Office)

Civil Action:  Contract; Arbitration

Action Taken by Trial Court: Tom Gdowski brought a wrongful death claim against GGNSC Columbus, LLC and Dr. Pratap Pothuloori. The district court for Platte County denied GGNSC’s motion to dismiss or in the alternative to stay proceedings and compel arbitration.

Assignments of Error on Appeal:  GGNSC argues that the district court erred when it (1) denied GGNSC’s motion to dismiss or in the alternative compel arbitration; (2) determined the of signature by an authorized agent for GGNSC on the incorrect line did not satisfy execution requirements; (3) determined that GGNSC did not mutually asset to the Arbitration Agreement; and (4) determined the language of the Arbitration Agreement required signatures of both parties.

This page was last modified on Wednesday, October 15, 2014