Empres at Riverton, LLC v. Osborne

Court: Wyoming Supreme Court

Citation: 2023 WY 112

Opinion Date: November 20, 2023

Judge: Boomgaarden

Areas of Law: Arbitration & Mediation, Contracts, Medical Malpractice, Professional Malpractice & Ethics

The Supreme Court reversed the judgment of the district court denying Wind River Rehabilitation and Wellness's motion to compel arbitration in this action alleging medical malpractice, holding that the district court erred in denying the motion to compel arbitration.

Plaintiff, the wrongful death representative of Loy Forshee, filed this action against Wind River, where Forshee lived when he fell and broke his hip, alleging medical malpractice. Wind River moved to compel arbitration under the parties' arbitration agreement. The district court denied the motion, concluding that Wind River waived his right to arbitration by waiting fourteen months to compel arbitration. The Supreme Court reversed, holding that the record did not support a conclusion that Wind River waived its right to arbitrate.