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Dennis v. CMH Manufacturing11/2/2000
laim for personal injuries. Nowhere is it stated that the demand for arbitration includes all claims. Accordingly, we find the trial court was correct in determining the personal injury claim not subject to arbitration and within the jurisdiction of the district court. Appellants have not demonstrated to this court that Appellees have in any way agreed to submit their personal injury claims to arbitration.
In their second assignment of error the Defendants argue this court erred in granting the Plaintiffs Application For Rehearing . Considering the present posture of the case, we find this issue to be moot.
Conclusion
We find the trial court erred in denial of the exception of prematurity as it relates to any defamation claim which might exist. The trial court was correct in denying said motion as to the personal injury claim, as it is not subject to the arbitration agreement.
AFFIRMED IN PART, REVERSED IN PART.
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