Oral Argument Set On Arbitration Clause In Home Defect, Lessee Injury Spat

Mealey's (July 30, 2021, 12:11 PM EDT) -- LAKELAND, Fla. — Oral argument via video is set for Aug. 4 on claims that a lessee sustained a traumatic brain injury in a fall through an attic floor that allegedly had a latent design and construction defect, according to a docket entry in the Second District Florida Court of Appeal; in briefs before the appellate court, the builder and lessee sparred over whether the trial court correctly concluded that Hayslip v. U.S. Home Corp. “is not outcome determinative on this record” and ruled that an arbitration agreement between the builder and the lessor could not be enforced as to the lessee....