Carter v. SSC Odin Operating Co., LLC

This case presents question as to whether trial court properly denied defendant's motion to arbitrate plaintiff's wrongful death claims arising out of defendant's provision of nursing home services to plaintiff's decedent? Appellate Court, in affirming trial court, found that instant arbitration agreements were void due to lack of mutual obligation to arbitrate disputes where agreements excluded from arbitration disputes that were under $200,000, and where defendant effectively did not own any such claims against plaintiff. In its petition for leave to appeal, defendant argued that enforceability of arbitration agreement does not depend on equivalency of obligation to arbitrate under circumstances of case. Defendant also challenged Appellate Court holding that wrongful death claims are not arbitrable even if agreement to arbitrate was signed by decedent. (Partial dissent filed.)