HORANBURG v. FELTER

No. 23,681.

99 P.3d 685 (2004)

136 N.M. 435

2004-NMCA-121

Linda HORANBURG, Plaintiff-Appellee, v. Jeffrie FELTER, M.D., Defendant-Appellee, v. Lovelace Health Systems, Inc., a Division of CIGNA Healthcare, Defendant-Appellant.

Court of Appeals of New Mexico.

August 31, 2004.


Attorney(s) appearing for the Case

Kim E. Kaufman, Nancy A. Wagner, Duhigg, Cronin, Spring, Berlin & Bencoe, Albuquerque, NM, for Appellee Linda Horanburg.

Mark J. Klecan, Elaine R. Dailey, Klecan & Childress, for Appellee Jeffrie Felter, M.D.

Patricia G. Williams, Lorna M. Wiggins, Wiggins, Williams & Wiggins, Albuquerque, NM, for Appellant.


OPINION

WECHSLER, Chief Judge.

{1} At issue in this appeal is the scope of an arbitration agreement and the ability of a non-signatory to the agreement to compel arbitration against a signatory. Defendant Lovelace Health Systems (Lovelace) appeals a district court order compelling arbitration but estopping it from arguing the issue of whether a doctor was acting outside the course and scope of his employment with Lovelace when the acts alleged by...

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