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