The Missouri Court of Appeals has ruled that wrongful death claims brought against a nursing home were not subject to an arbitration agreement signed by a resident’s son when his mother was admitted to the home,. The son signed the nursing home’s jury trial waiver and dispute resolution procedure document on the line for a “legal representative.” The document contained a two-page arbitration agreement, which said that the parties agreed to resolve “all disputes and claims by small claims court judicial proceedings or binding arbitration.”
After the resident died, her three children – including the son that signed the agreement – filed a wrongful death lawsuit. The nursing home tried to enforce the arbitration clause, but the trial judge said that the wrongful death claim wasn’t subject to the arbitration agreement.
Source: Lawyers USA
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