Coon

The instant case is an appeal from an order denying a petition to compel arbitration of a medical malpractice claim. Plaintiff Russell Coon (respondent herein) filed a complaint in Kern County Superior Court against defendant (appellant herein) George Nicola, Jr., M.D. Appellant treated respondent on or about April 4,1990, for injuries sustained by respondent in a fall down a mine shaft several days earlier on March 31, 1990.

Respondent eventually brought an action against Ridgecrest Community Hospital, R.C.W. Jones, Jr., M.D., H.W. Green, M.D. and George Nicola, Jr., M.D. alleging negligently rendered medical care to respondent beginning on or about March 31, 1990. Subsequent to being served with the complaint, appellant filed and served his answer which consisted of a general denial and several affirmative defenses. The fourth affirmative defense asserted the right to have the negligence claim decided pursuant to a written agreement requiring that resolution of the issues raised in respondent’s complaint be determined in a binding arbitration proceeding.

Appellant requested that respondent stipulate to a stay of the proceedings and to submission of their dispute to…