Thomas Arthur Entrekinv.Internal Medicine Associates Of Dothan, P.A., Et Al
After Edith Entrekin died shortly after entering a nursing home, the executor of her estate sued the facility under Alabama’s wrongful-death statute, alleging that negligent treatment of her heart condition caused her death. The facility sought to compel arbitration under an agreement that covered claims by the resident, her estate, and her personal representatives and survived her death. The district court denied the motion, reasoning that the executor had not personally signed the agreement and that Alabama decisions were in tension over whether a decedent could bind a future wrongful-death claimant. The Eleventh Circuit reversed. It held that the agreement’s delegation clause could not be invoked for the first time on appeal, but Alabama Supreme Court precedent controlled the merits: an arbitration agreement binding the decedent also binds the executor who brings the wrongful-death claim, even though Alabama treats that claim as a new cause of action belonging to the personal representative rather than the estate. The court remanded with instructions to compel arbitration.
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