Carter v. SSC Odin Operating Co.

State: Illinois

Court: 5th District Appellate

Docket No: 5-07-0392 Official Reports

Case Date: 08/18/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Carter v. SSC Odin Operating Co., 2011 IL App (5th) 070392-B

Appellate Court Caption

SUE CARTER, Special Administrator of the Estate of Joyce Gott, Deceased, Plaintiff-Appellee, v. SSC ODIN OPERATING COMPANY, LLC, d/b/a/ Odin Healthcare Center, Defendant-Appellant.

District & No.

Fifth District Docket No. 5-07-0392 August 18, 2011 September 16, 2011 In a wrongful death action arising from the death of a resident of defendant's nursing home, the trial court properly denied defendant's motion to compel arbitration pursuant to the agreements signed by decedent and plaintiff as her representative, since the arbitration agreement was unenforceable for a lack of mutuality and on the ground that it did not apply to plaintiff's wrongful death claim.

Filed Rehearing denied Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Marion County, No. 06-L-75; the Hon. David L. Sauer, Judge, presiding.

Judgment

Affirmed.

Counsel on Appeal

W. Jeffrey Muskopf and Mark R. Feldhaus, both of Lashly & Baer, P.C., of St. Louis Missouri, and Malcolm J. Harkins III and James F. Segroves, both of Proskauer Rose LLP, of Washington D.C., for appellant. Staci M. Yandle, of Law Offices of Staci M. Yandle, LLC, of O'Fallon, for appellee.

Panel

JUSTICE STEWART delivered the judgment of the court, with opinion. Justice Goldenhersh concurred in the judgment and opinion. Justice Spomer concurred in part and dissented in part, with opinion.

OPINION

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