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PETERSON v. RESIDENTIAL ALTERNATIVES

No. 3-09-0743.

932 N.E.2d 1 (2010)

Rachel PETERSON, Administrator of the Estate of Jacob H. Terhorst, Deceased, Plaintiff-Appellant, v. RESIDENTIAL ALTERNATIVES OF ILLINOIS, INC., an Illinois Corporation, Defendant-Appellee (Edwin Enterprises, L.L.C.; Donald E. Fike; Anthony James Fike Trust, Dated 11/6/90; Aaron Mitchell Fike Trust, Dated 11/6/90; Suzanne Elizabeth Fike Trust, Dated 11/6/90; RFMS, Inc., a Foreign Corporation; The Methodist Medical Center of Illinois, a Corporation; and Michael Koeppen, Respondents in Discovery).

Appellate Court of Illinois, Third District.

June 7, 2010.

Attorney(s) appearing for the Case

James R. Carter (argued), Carter Law Offices, Peoria, IL, for Ann Bonomo.

Kevin M. Miller (argued), Jay H. Scholl, Quinn, Johnston, Henderson, Pretorious & Cerulo, Peoria, IL, for Residential Alternatives of Illinois, Inc.

Roger R. Clayton, Heyl, Royster, Voelker & Allen, Peoria, IL, for Edwin Enterprises, L.L.C.

Justice WRIGHT delivered the opinion of the court:

Initially, Ann Bonomo filed a two-count complaint against defendant on January 7, 2009. Thereafter, Bonomo filed a first amended complaint against defendant on May 8, 2009, alleging one count of violations of the Illinois Nursing Home Care Act (210 ILCS 45/1-101 et seq. (West 2006)) and one count of wrongful death. On June 1, 2009, defendant filed a motion to dismiss and compel arbitration. On September 3,...

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