ESTATE OF KRAHMER v. LAUREL HEALTHCARE

No. 30,868.

315 P.3d 298 (2013)

2014-NMCA-001

The Wrongful Death ESTATE OF Ann KRAHMER, by the Personal Representative, Chris PECK, Plaintiff-Appellee, v. LAUREL HEALTHCARE PROVIDERS, LLC, Arbor Springs, LLC, Capistrano Investments, LLC, A & J Ventures, LLC, M. Scott Athans, Alan Zampini, Skilled Healthcare Group, LLC, Skilled Healthcare, LLC, And St. Catherine Healthcare & Rehabilitation Center, LLC, Defendants-Appellants.

Court of Appeals of New Mexico.

September 16, 2013.


Attorney(s) appearing for the Case

Harvey Law Firm, Dusti D. Harvey , Jennifer J. Foote , Albuquerque, NM, Sorey Law Firm, R. Daniel Sorey , Longview, TX, for Appellee.

Keleher & McLeod, P.A., Kathleen M. Wilson , Cassandra R. Malone , Albuquerque, NM, for Appellants Laurel Healthcare Providers, LLC, Arbor Springs, LLC, Capistrano Investments, LLC, A & J Ventures, LLC, M. Scott Athans, & Alan Zampini.

Rodey, Dickason, Sloan, Akin & Robb, P.A., W. Robert Lasater, Jr. , Sandra L. Beerle , Jocelyn Drennan , Albuquerque, NM, for Appellants St. Catherine Healthcare & Rehabilitation Center, Skilled Healthcare, LLC, and Skilled Healthcare Group, LLC.


OPINION

KENNEDY, Chief Judge.

{1} Chris Peck (Plaintiff) is the personal representative of the wrongful death estate of the decedent, Ann Krahmer, who he alleges died as a result of a nursing home's poor care. Plaintiff filed a wrongful death action against the nursing home, which responded with a motion to compel arbitration, pursuant to an agreement signed when Krahmer entered the nursing home. In this case, we hold that because a wrongful...

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