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MILLER v. COTTER

448 Mass. 671 (2007)

CHARLES MILLER, JR., personal representative, v. ERIC COTTER & others.

Supreme Judicial Court of Massachusetts, Worcester.

March 30, 2007.

Attorney(s) appearing for the Case

Joseph M. Desmond (Michael Rossi with him) for the defendants.

Adam R. Satin for the plaintiff.

The following submitted briefs for amici curiae:

Steven H. Schafer, pro se.

Kenneth A. Behar for Massachusetts Extended Care Federation, Inc.

Present: GREANEY, IRELAND, SPINA, & CORDY, JJ.

CORDY, J.

In this case we consider the validity of an arbitration agreement executed in the context of an admission to a nursing home. The plaintiff, Charles Miller, Jr., signed the agreement on behalf of his father as part of his father's admission to Birchwood Care Center (Birchwood) in Fitchburg. Miller's father later died while still a patient at Birchwood. Miller subsequently brought suit against the physician who examined his father at Birchwood (Dr. Eric Cotter...

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