Arbitration News
Only the resident signed the arbitration provisions contained in the admission agreement. Suit was filed before her death and later amended to include wrongful death. Although currently on appeal before the 11th circuit, the trial court ruled that a personal representative of a resident's estate cannot be compelled to arbitration. They opined that Alabama courts have consistently held that wrongful death claims do not belong to a decedent (Ala. Code § 6-5-462). As such, her wrongful death claim belongs to the person representative because as a survival action, the claim would have belonged to the decedent through her estate. The outcome is currently pending on appeal but may have far reaching results. Stay tuned.