Costello v. Olson, M.D.
The estate of a minor league baseball player sued a team physician for medical malpractice/wrongful death after the player died of a cardiac arrhythmia allegedly missed on an EKG. The trial court compelled arbitration under the Major League Agreement incorporated into the player's Uniform Player Contract. The Sixth DCA reversed, holding the arbitration clause by its plain terms covers only disputes between Clubs or between a Club and a Major League Baseball entity, not an intra-Club dispute between a player and a Club employee.
Key facts
- Estate of a minor league baseball player sued a team physician for medical malpractice and wrongful death, alleging the physician missed a cardiac arrhythmia on an EKG that caused the player's death.
- The trial court granted the physician's motion to compel arbitration based on an arbitration clause in the Major League Agreement incorporated into the player's Uniform Player Contract.
- +2 more key facts with a free trial
Why it matters
A useful scope-of-arbitration decision applying strict plain-language construction to reject an employer's attempt to sweep an employee-versus-employee (intra-organization) tort claim into a broadly worded clause… — full analysis with a trial
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