Monday, February 8, 2016
New Case On Nursing Home Arbitration Agreements In California
In 2012, Marjorie Fitzpatrick entered an assisted living center due to her advancing dementia and was sign in by her daughter Valerie acting as her mothers representative. However, in 2013, Marjorie suffered a fall outside the facility while unsupervised and was left on the ground for over half an hour and suffered numerous injuries which contributed to her death. Valerie, acting as a representative of Marjorie's estate, filed suit for wrongful death but the facility argued that Valerie and the estate was bound to the arbitration agreement that Valerie signed when she placed her mother in the facility. In Monschke v. Timber Ridge Assisted Living LLC, the appellate court affirmed the trial court and held that the estate was not bound by the agreement since the suit was brought on behalf of the children of Marjorie, rather than the decedent herself, and that they were not bound by the agreement.
Special thanks to Stacie Strong (Manley O. Hudson Professor of Law, University of Missouri School of Law) for bringing this article to my attention.