James Williams v. Smyrna Residential, LLC
Case Details
- Judge(s)
- Chief Judge D. Michael Swiney
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
Appellate court affirmed trial court's decision that the durable power of attorney holder lacked authority to enter into an arbitration agreement on behalf of the deceased resident, and that wrongful death beneficiaries would not be bound by such agreement.
Excerpt
This appeal concerns the enforceability of an arbitration agreement in a wrongful death lawsuit. James Williams ("Plaintiff"), individually as next of kin and on behalf of the wrongful death beneficiaries of Granville Earl Williams, Jr., deceased ("Decedent"), sued Smyrna Residential, LLC d/b/a Azalea Court and Americare Systems, Inc. ("Defendants," collectively) in the Circuit Court for Rutherford County ("the Trial Court"). Decedent was a resident of Azalea Court, an assisted living facility. Plaintiff alleged his father died because of Defendants' negligence. Defendants filed a motion to compel arbitration, citing an arbitration agreement ("the Agreement") entered into by Decedent's daughter and durable power of attorney Karen Sams ("Sams") on behalf of Decedent when the latter was admitted to Azalea Court. Notably, the durable power of attorney ("the POA") did not cover healthcare decision-making. The Trial Court held that Sams lacked authority to enter into the Agreement and that, in any event, the wrongful death beneficiaries would not be bound by the Agreement even if it were enforceable. Defendants appeal. We affirm.
What This Ruling Means
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