Missouri Court of Appeals, Western District / Apr 11, 2023
Andrea M. Curns vs. Phyllis Akins
Andrea Curns sued Phyllis Akins for assault and battery. Akins, an employee of a customer of Curns's employer (Aerotek), moved to compel arbitration, arguing she was a third-party beneficiary to Curns's arbitration agreement with Aerotek. The trial court denied Akins's motion, and the appellate court affirmed. The court held that the arbitration agreement did not clearly express an intent to benefit employees of Aerotek's customers, and the "inextricably intertwined" claims theory for equitable estoppel was inapplicable.