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Northwest Chrysler-Plymouth6/21/2005
under the Agreement. We disagree. An alleged manufacturing and/or design defect, the basis for liability, bears no meaningful connection to the sale transaction under the Agreement. The tort claims are independent of the sale. Respondent could maintain such claims against Appellants regardless of the Agreement and the sale transaction.
Accordingly, the trial court properly determined that Respondent's tort claims are not within the scope of the Arbitration Provision in the Agreement, and therefore arbitration should not be compelled. Appellants' point one on appeal is denied.
In light of our resolution of Appellants' point one, Appellants' point two on appeal, arguing that DCC is entitled to enforce the Arbitration Provision against Respondent although DCC was not a signatory to the Agreement, is moot.
Conclusion
The trial court's order denying Appellants' Motion to Compel Arbitration is affirmed.
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