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Elnora Lynn, As Administrator Of The Estate Of Curtis Leon Thomasv.Lowndes County Health Services, Llc

CourtCourt of Appeals of Georgia
Docket No.A19A2057
DecidedMarch 9, 2020
Reporter349 Ga. App. 607
JudgesCourt of Appeals of Georgia
Tags
CivilContract LawContract FormationArbitrationCivil ProcedureReversalRemand
Case Summary

Curtis Leon Thomas had significant intellectual and physical disabilities and lived in medical facilities from adolescence. His mother, Elnora Lynn, signed an arbitration agreement with a care facility on his behalf. After Thomas died, Lynn sued the facility, and the trial court compelled arbitration and confirmed the resulting award. The Georgia Court of Appeals held that Lynn lacked authority to bind Thomas to arbitration because she had not shown legal authority to sign for him. The court rejected the facility’s argument that Thomas was bound as a third-party beneficiary, emphasizing that he had not sought to enforce the agreement and that admission or care was not conditioned on signing it. The court reversed both the order compelling arbitration and the order confirming the award, allowing Lynn’s claims to proceed in ordinary litigation.

Opinion

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