MOUNT VERNON - Madison County Circuit Judge Sarah Smith and Associate Judge Ronald Foster denied arbitration in separate cases but Smith decided correctly and Foster didn’t, Fifth District appellate judges ruled on Feb. 20.
It made a difference that Smith adopted findings of facts and conclusions and Foster didn’t.
Six of eight Fifth District justices participated in the decisions.
In Smith’s case, former Ervin Cable Construction project supervisor Daniel Greenfield alleged defamation against Ervin and its regional manager Jessica Slow in 2022.
Greenfield claimed they terminated his employment after their contractors Next Gen and Force Cable told Slow he solicited gifts or money in exchange for contracts.
He also alleged defamation against Nex Gen and Force Cable.
Ervin and Slow moved to stay the proceedings and compel arbitration, claiming Greenfield electronically signed an agreement to arbitrate disputes on Jan. 4, 2019.
They attached the agreement and an email of Jan. 3, 2019.
Greenfield opposed arbitration and asserted by affidavit that he had no memory of signing it.
He stated he didn’t know the meaning of arbitration and when Ervin requested that he sign a document he was required to sign it.
He stated he would have never voluntarily given up his right to a jury trial.
He stated it would have come out of the blue and if he signed it he did so because Ervin demanded it.
He stated a certificate of completion showed 19 seconds from viewing to signing.
He also pointed out that he’d have to litigate with Next Gen and Force Cable while arbitrating with Ervin and Slow.
At a hearing Greenfield testified he worked on replacement of mainline fiber optic cable.
He said he supervised workers at sites and was only at a computer when invoicing.
He said the signature on the certificate wasn’t his and he evidently clicked a button.
He said he heard many times that an employee who didn’t sign documents would be terminated, “and that’s what made the process very quick.”
Ervin human resources manager Jason Brazier testified that human resources manager Steven Scheffer sant email to all employees instructing them to look for the agreement.
He said it included an explanation.
He said Ervin attached the agreement to a second email.
He said he searched for the first email but couldn’t locate it.
Smith found that problematic in January 2024 when she denied arbitration.
She found Greenfield worked at Ervin for years without an arbitration agreement and he didn’t recall signing one.
On appeal Fifth District judges relied on Smith’s findings and determinations.
Justice Judy Cates wrote, “The trial court conducted an evidentiary hearing on contested factual issues related to contract information and the court’s factual findings will only be reversed if they are against the manifest weight of the evidence.”
Cates found an enforceable contract must include a meeting of minds or mutual assent.
Justices Michael McHaney and Thomas Welch concurred.
Edward Szewczyk of East Alton represented Greenfield.
Bradley Tharpe of St. Louis County represented Ervin Cable Construction.
In Foster’s case, Tindall Construction of Pontoon Beach sued last July to foreclose on liens against SRI Ganesh Realty 2, NP Tradeport Land Holdings, and Millennium Bank.
Tindall attached a construction contract dated Nov. 20, 2023.
Tindall also attached three liens referring to a payment contract dated Feb. 1, 2023.
SRI Ganesh moved to compel arbitration.
It acknowledged entering into a contract in February and denied doing it in November.
It claimed the February contract and the purported November contract contained identical general conditions which contained an arbitration provision.
Tindall opposed arbitration, claiming SRI Ganesh couldn’t enforce the provision in the November contract because it didn’t enter into the contract.
Foster agreed with Tindall last November and denied arbitration.
Fifth District judges disagreed.
Justice Randy Moore wrote, “The circuit court’s order did not make findings of fact.”
He found Foster focused on the dispute over the November contract when he should have focused on the liens.
“The liens were sworn on oath and signed by Christopher Tindall,” he wrote.
“These verified statements are binding judicial admissions.”
He found the disputes regarding breach of contract and whether the November contract amended or superseded the February contract should be referred to arbitration.
Justices Mark Boie and Amy Sholar concurred.
Philip Christofferson St. Louis County represented SRI Ganesh.
Erin Kennedy of Edwardsville represented Tindall Construction.