Jane Doe v. TCSC, LLC

Syllabus

TCSC, LLC, d/b/a Hendrick Toyota of North Charleston (Hendrick) appeals the circuit court's denial of its motion to stay Jane Doe's lawsuit against Hendrick and compel arbitration of her tort claims. We hold the parties' Arbitration Agreement did not clearly and unmistakably delegate the issue of whether the Agreement was valid and enforceable to the arbitrator. We further find a portion of the Agreement invalid as unconscionable. We conclude, though, that because the Agreement did delegate the interpretation and scope of the Agreement to the arbitrator, the motion to compel is remanded to the trial court with instructions to grant the motion so the arbitrator may determine whether the revised Agreement covers Doe's claims.