ESTATE OF WILLIAM AGEE BY AND THROUGH DARLA DIETZEN, PERSONAL REPRESENTATIVE, APPELLANT,
v.
AGE INSTITUTE OF FLORIDA, INC.; AGE INSTITUTE HOLDINGS, INC.; EXTENDICARE HEALTH SERVICES, INC.; EXTENDICARE, INC.; SENIOR HEALTH MANAGEMENT, LLC; BART WYATT, INDIVIDUALLY; DANIEL DAVIS, INDIVIDUALLY; JOYCE KAROLESKI, INDIVIDUALLY; PARTNER HEALTH GROUP-FLORIDA, LLC; PARTNER HEALTH GROUP, LLC; ALICEANN DONALDSON, INDIVIDUALLY; AND TAMMY STANTON; (AS TO BAY CENTER), APPELLEES
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The court reversed the trial court's order compelling arbitration, holding that a nursing home resident's estate's claims for negligence and wrongful death were not subject to arbitration clauses in contracts between corporate defendants to which the resident was not a party and for which he was not an intended third-party beneficiary.
An estate's claims against nursing home defendants for negligence, wrongful death, and statutory violations are not subject to arbitration clauses in contracts between corporate defendants where the resident was neither a signatory nor an intended third-party beneficiary.
[1] A nursing home resident's estate's claims for negligence and wrongful death are not subject to arbitration clauses in contracts between corporate defendants where the res…
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Join FLexlaw to unlock all legal intelligenceWilliam Agee was a resident at Bay Center nursing home in Panama City. After his death, his estate brought suit against the nursing home and associate…
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PER CURIAM.
We reverse the trial court’s order compelling arbitration in this suit by the estate of William Agee against numerous individual and corporate defendants associated with the Bay Center nursing home in Panama City, where Mr. Agee was a resident. The complaint asserted various common law and statutory causes of action, including negligence, wrongful death and violations of Mr. Agee’s rights as a nursing home resident under chapter 400, Florida Statutes. Relying on arbitration clauses in two contracts between the various corporate defendants for financial and management services, the trial court compelled arbitration of the claims against the appel-lees. We conclude that the Estate’s claims and any duties the appellees may have owed to Mr. Agee were not based on these contracts. Nor was Mr. Agee, who was not a signatory to the contracts, an intended third-party beneficiary of the agreements. Therefore, the Estate’s claims were not subject to the arbitration provisions in the contracts. See Estate of Germann v. Age Institute of Florida, Inc., et al., 912 So. 2d 590 (Fla. 2d DCA 2005); Extendicare Health Services, Inc. v. Estate of Patterson, 898 So. 2d 989 (Fla. 5th DCA 2005).
Reversed.
C.J. KAHN, WOLF and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fenton H. Germann v. AGE Inst. OF Fla., Inc., 912 So. 2d 590 (Fla. 2d DCA 2005)
- Extendicare Health Servs., Inc. v. Est. OF Benjamin Patterson, 898 So. 2d 989 (Fla. 5th DCA 2005)