WILLIAMS, APPELLEE, v. AETNA FINANCE COMPANY, D.B.A. ITT FINANCIAL SERVICES, APPELLANT., 83 Ohio St. 3d 464

Summary

The homeowner was referred to the lender by an contractor who convinced elderly homeowners to have repairs done on their homes. Most of the home repair work she contracted for was never done. The court held that although the trial court never specifically found that the arbitration clause in the loan agreement was unenforceable on equitable grounds, its decision denying the lender's motion to compel arbitration was tantamount to a finding that the agreement to arbitrate was invalid as unconscionable. Moreover, it found, the facts supported a finding of unconscionability. Stating that the lender could be held liable for the intentional torts of its loan officers committed within the scope of their employment, it held that the evidence supported the jury's finding of civil conspiracy between the lender's employees and the contractor, writing that the lender's role in the conspiracy was to allow the contractor to have access to loan money that was necessary to further his fraudulent ...