Richard A. Berent v. CMH Homes, Inc. et al.

The issue on this appeal is the enforceability of an arbitration agreement. The trial court, applying the principles promulgated in Taylor v. Butler, 142 S.W.3d 277 (Tenn. 1996), held that the arbitration agreement was unconscionable because it requires the plaintiff to submit to arbitration virtually all of his claims, while allowing the defendants access to a judicial forum for some of their potential claims. We agree with the trial court that the Supreme Court’s decision in Taylor is controlling and that Taylor mandates a holding that theagreement is unconscionable and unenforceable. The judgment of the trial court is affirmed.