Clanton v. Ray

Plaintiff was in two unrelated auto accidents, with two different Defendants; suits were consolidated. Parties agreed to participate in voluntary binding arbitration, and agreed to high/low terms as part of their arbitration agreement, but agreement specifically barred parties from disclosing these high/low agreements to arbitrator. Arbitrator's written decision revealed he had knowledge of high/low terms. If two defendants are responsible for plaintiff's indivisible injury, the fact that one defendant's liability is capped does not preclude applicability of joint and several liability. Award must be vacated because arbitrator exceeded authority granted to him by parties, as he was not permitted to know about high/low terms; and award cannot be reinstated because it is ambiguous as to applicability of joint and several liability. (EPSTEIN and McBRIDE, concurring.)