Entrekin v. Westside Terrace, LLC, No. 11-10730 (11th Cir. 2012)Annotate this Case
When Edith Entrekin was admitted to a nursing home in Alabama, she signed a contract requiring the arbitration of "all claims or disputes" that she or the executor of her future estate might have against the nursing home. After Entrekin died, the executor of her estate brought an action against the nursing home for damages under Alabama's wrongful death statute. The district court denied the nursing home's motion to compel arbitration. The issue on appeal to the Eleventh circuit centered on whether a decedent's agreement with a nursing home to arbitrate any claims that she or her executor may have in the future against the nursing home bind her executor to arbitrate a wrongful death claim against the nursing home under Alabama law? The Court found it was "compelled" to follow the Alabama Supreme Court's holdings and compel arbitration of the wrongful death claim in this case. The Court reversed the district court's order denying the nursing home's motion to compel arbitration and remanded the case with instructions to compel arbitration.