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Bernard Norton et al.v.United Health Services of Georgia, Inc. et al.

CourtCourt of Appeals of Georgia
Docket No.A15A2268
DecidedMarch 2, 2016
Reporter336 Ga. App. 51; 783 S.E.2d 437
JudgesFirst Division; Chief Judge Doyle, Presiding Judge Phipps, and Judge Boggs; Doyle authored
Tags
CivilTort LawWrongful DeathArbitrationContract InterpretationInterlocutory AppealReversal
Case Summary

Bernard Norton, by and through Kim Norton and on behalf of Lola’s wrongful-death beneficiaries, sued nursing-home operators after Lola died while a resident. Lola’s attorney-in-fact had signed an arbitration agreement, and the trial court ordered all claims to arbitration. The Court of Appeals held that Lola’s estate was bound to arbitrate its tort claims, but the beneficiaries’ wrongful-death claims belonged to them and were distinct from Lola’s claims; neither Lola nor her attorney-in-fact could bind the beneficiaries, who had not agreed to arbitrate. The court reversed the order compelling arbitration only as to the beneficiaries’ wrongful-death claims, leaving the estate’s claims subject to arbitration.

Opinion

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Bernard Norton et al. v. United Health Services of Georgia, Inc. et al. — The Atlanta Gleaner