Hayes v. Victory Centre of River Woods, LLC

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2017 IL App (1st) 162207
Decision Date: 
Thursday, November 9, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded with directions.
Justice: 
HALL

Court erred in denying Defendant's motion to stay wrongful death claim pending arbitration of survival and family expense claims raised in Plaintiff's complaint. All 3 of Plaintiff's claims turn on allegations of Defendant's negligence. Issues are sufficiently interrelated in that whether Defendant was negligent in its care of decedent is definitive in the arbitrable claims and the wrongful death claim in circuit court. Allowing arbitration to proceed first may eliminate the need for court proceedings. (REYES and GORDON, concurring.)