Thaddeus J. KWALICK, Jr., v. John Edward BOSACCO, Appellant, 329 Pa. Super. 235

Summary

Plaintiff professional football player sought breach of contract damages from defendant team owner, then notified defendant that he wished to proceed to arbitration pursuant to the contract. The court affirmed the denial of defendant's motion for a declaratory judgment and injunctive relief, and the ruling that the parties proceed to arbitration. The court held that plaintiff's filing of the complaint in assumpsit did not constitute a waiver of the right to proceed to arbitration because there was no resulting prejudice to defendant or undue gain to plaintiff. The court found that plaintiff's request for arbitration was filed before depositions were taken, and that plaintiff's filing of the certificate of readiness for trial was a result of a court order. The court also held that plaintiff's untimely filing of the request for arbitration was a contract interpretation issue for the arbitration process to decide. The court further held that the lower court did not err in not making ...