Monschke v. Timber Ridge Assisted Living, LLC, No. A144289 (D1d1 Jan 29, 2016)
As they told us in first year torts, a wrongful death claim is not just a continuation of the decedent’s claim for wrongly causing his or her death. It is a separate claim to vindicate the separate rights of the survivors themselves. So a decedent’s agreement to arbitrate is generally not binding on his or her survivors. Which basically resolves the case here. A deceased nursing home patient’s heirs, suing for wrongful death, could not be bound to an arbitration clause in the nursing home agreement that was signed on behalf of the decedent.
Affirmed.
Subscribe to:
Post Comments (Atom)
The Jurisprudence of Signification
Wood v. Superior Court , No. A168463 (D1d2 Mar. 14, 2024). Yes. You can change your legal name to Candi Bimbo Doll if you want to. See Cod...
-
Pollock v. Superior Court , No. B321229 (D2d1 Jul. 31, 2023) Back in 2019, the Legislature amended Code of Civil Procedure § 2031.280 to inc...
-
RSB Vineyards, LLC v. Orsi , No. A143781 (D1d3 Sept. 29, 2017) In this real estate warranty case, the court affirms a summary judgment in ...
No comments:
Post a Comment