Grenada Living Center, LLC v. Cephus Coleman, III
| Docket Number: | 2006-CA-00169-SCT Linked Case(s): 2006-CA-00169-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 07-26-2007 Opinion Author: DIAZ, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Arbitration agreement - Health-care surrogate - Section 41-41-211 Judge(s) Concurring: WALLER, P.J., CARLSON, GRAVES, DICKINSON, RANDOLPH AND LAMAR, JJ. Judge(s) Concurring Separately: Carlson, J., Specially Concurs with Separate Written Opinion Joined by Smith, C.J., Waller, P.J., Easley, Dickinson, Randolph and Lamar, JJ. Concur in Part, Concur in Result 1: Easley, J., Concurs in Part and in Result. Concurs in Result Only: SMITH, C.J. Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 01-06-2006 Appealed from: Grenada County Circuit Court Judge: Clarence E. Morgan, III Disposition: Found no contract existed & thus Appellee was not bound to arbitration |
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| Note: | Appellants' Motion to Strike is denied. | |
| Party Name: | Attorney Name: | |||
| Appellant: | GRENADA LIVING CENTER, LLC, COMMUNITY
CARE CENTER OF GRENADA, LLC, COMM
CARE MISSISSIPPI, JAMES S. WILLIAMS AND
JAMES C. LANDERS |
STEVEN MARK WANN
MARJORIE SELBY BUSCHING |
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| Appellee: | CEPHUS COLEMAN, III (SUBSTITUTED FOR ANNE DONALDSON), AS PERSONAL REPRESENTATIVE OF CEPHUS COLEMAN, JR., DECEASED AND ON BEHALF OF THE WRONGFUL DEATH BENEFICIARIES OF CEPHUS COLEMAN, JR., DECEASED | CHARLES E. GIBSON, III GIGI GIBSON |
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| Topic: | Personal injury - Arbitration agreement - Health-care surrogate - Section 41-41-211 |
| Summary of the Facts: | Cephus Coleman, Jr. became a resident of Grenada Living Center, and he passed away while still a resident. After his death, a suit was filed by Cephus’ son, Cephus Coleman, III, against the nursing home, which responded with a motion to dismiss in favor of arbitration. Because Mr. Coleman’s sister signed the contract for admission and placed her initials by the arbitration agreement, Coleman argued that his father was never a party to the arbitration agreement and therefore could not have been bound by it. The trial court found that no contract existed and Mr. Coleman was not bound by arbitration. Grenada Living Center appeals. |
| Summary of Opinion Analysis: | Coleman argues that his father’s sister could not legally bind his father to arbitration because he was not a party to the contract. Grenada Living Center argues that the sister acted as Cephus’ healthcare surrogate, citing to the Uniform Healthcare Decisions Act. A close reading of section 41-41-211 reveals that a prerequisite before any other analysis is that a patient may only have a surrogate if they do not have mental capacity to make decisions and they do not have any other person legally available to care for them. In the case at hand, the parties stipulated that Mr. Coleman was competent, and no physician had declared him incompetent. In addition, no agent or guardian had been appointed. Accordingly, Mr. Coleman’s sister could not have been his health-care surrogate. Further, it is clear from the statute that the Legislature intended to create a system whereby a family member (or other de facto guardian) could tend to the health needs of a loved one when they were incapacitated. Because Mr. Coleman was not incapacitated, the statutes governing health care surrogates do not apply. Any wrongful death beneficiaries of Cephus can be bound only to the extent he would be bound. Because there was no contract between Cephus and the nursing home in the first place, no arbitration clause exists to be enforced against the wrongful death beneficiaries of Cephus. |
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