Sanders v. Calvert's Express Auto Serv. & Tire Inc., WD 80401

• Decision Date: 26 December 2017
• Docket Number: WD 80401
• Citation: 536 S.W.3d 368
• Parties: James SANDERS, Appellant, v. CALVERT'S EXPRESS AUTO SERVICE & TIRE INC., et al., Respondents.
• Court: Missouri Court of Appeals

536 S.W.3d 368

James SANDERS, Appellant,
v.
CALVERT'S EXPRESS AUTO SERVICE & TIRE INC., et al., Respondents.

WD 80401

Missouri Court of Appeals, Western District.

Opinion filed: December 26, 2017

Stacy A. Lake, Kansas City, for Appellant.

Michael A. Childs, for Respondents

Before Division Three: Lisa White Hardwick, Presiding Judge, Victor C. Howard, Judge, and Alok Ahuja, Judge

VICTOR C. HOWARD, JUDGE

James Sanders appeals the trial court's order dismissing his lawsuit against Calvert's Express Auto Service & Tire, Express Auto Sales, Service & Tire LLC, Express Auto & Tire LLC, Gary Calvert Sr., Gary Calvert Jr., Rick Herd, and Daniel Willson (collectively Respondents). The judgment is reversed, and the case is remanded with directions to stay the action.

Mr. Sanders filed a multi-count lawsuit against Respondents in Jackson County Circuit Court for employment discrimination, retaliation, vehicular battery, breach of contract, and fraud in connection with his employment as an auto mechanic at Calvert's. Based on a Severance Agreement executed between Mr. Sanders and Calvert's, its owners, and related entities, Respondents filed a motion to dismiss or alternatively to compel arbitration or stay the case or enforce the Severance Agreement. In the Severance Agreement, Mr. Sanders agreed to voluntarily relinquish his employment with Calvert's and release it from any claims related to his employment

536 S.W.3d 370

in exchange for a severance payment of $2000 and Calvert's promise not to dispute any unemployment benefits. The Severance Agreement also included the following paragraph, which contained an arbitration provision, a forum selection clause, and a choice of law provision:

Any dispute under or including this Agreement shall be subject to arbitration under the provisions of the Federal Arbitration Act. Further, should this arbitration clause be held unenforceable, the parties agree that any lawsuit filed under or including this Agreement shall be filed in the State Court of Johnson County, Kansas. In any event, whether or not arbitration is upheld, the laws of the State of Kansas will govern the interpretation, validity, and effect of this Agreement."

In their motion, Respondents asserted that a demand for arbitration was pending in the District Court of Johnson County, Kansas, and asked that the court either dismiss or stay the Missouri action.

Mr. Sanders filed an amended petition...