SC10-2132 – Debra Laizure, et al v. Avante at Leesburg, Inc., etc.

State: Florida

Docket No: sc10-2132

Case Date: 02/14/2013

Plaintiff: SC10-2132 – Debra Laizure, et al

Defendant: Avante at Leesburg, Inc., etc.

Preview:Supreme Court of Florida
____________ No. SC10-2132 ____________ DEBRA LAIZURE, Petitioner, vs. AVANTE AT LEESBURG, INC., et al., Respondents. [February 14, 2013] PARIENTE, J. A nursing home patient, Harry Lee Stewart, signed an agreement providing for arbitration of disputes arising out of treatment and care at the nursing home. Stewart subsequently died, allegedly as a result of the nursing home's negligence. Through the personal representative, Debra Laizure, his survivors brought a cause of action in circuit court for deprivation of rights under the applicable nursing home statute and, alternatively, a wrongful death action. The issue in this case presented through the Fifth District's opinion in Laizure v. Avante at Leesburg, Inc., 44 So. 3d 1254 (Fla. 5th DCA 2010), is whether an arbitration agreement signed by the decedent requires his estate and heirs to arbitrate their wrongful

death claims. In its decision, the Fifth District Court of Appeal concluded that the estate and heirs were bound by the arbitration agreement signed by the patient, but certified the following question to be of great public importance: DOES THE EXECUTION OF A NURSING HOME ARBITRATION AGREEMENT BY A PARTY WITH THE CAPACITY TO CONTRACT, BIND THE PATIENT'S ESTATE AND STATUTORY HEIRS IN A SUBSEQUENT WRONGFUL DEATH ACTION ARISING FROM AN ALLEGED TORT WITHIN THE SCOPE OF AN OTHERWISE VALID ARBITRATION AGREEMENT[?] Id. at 1259. We have jurisdiction. See art. V,

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