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Broemmer v. Abortion Services of Phoenix

Supreme Court of Arizona
840 P.2d 1013 (1992)


Melinda Kay Broemmer (plaintiff) went to Abortion Services of Phoenix (ASP) (defendant) for a consultation about having an abortion. At the time, Broemmer, who was not experienced in commercial matters and only had a high school education, was under severe emotional distress due to her pregnancy. She signed a couple of documents at ASP, one of which was an arbitration clause, providing that any dispute arising between the parties would be settled by binding arbitration. Broemmer signed the document without knowing what arbitration was. Subsequently, Broemmer got the abortion and the procedure resulted in a punctured uterus. Broemmer filed a malpractice suit. The trial court granted summary judgment for ASP, finding that the court did not have jurisdiction on account of the arbitration clause. The court of appeals affirmed, finding that the contract was one of adhesion, but still enforceable. Broemmer appealed.

Rule of Law


Holding and Reasoning (Moeller, J.)

Dissent (Martone, J.)

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