Clanton v. Oakbrook Healthcare Centre, Ltd.

This case presents question as to whether trial court properly denied defendant-nursing home’s motion to compel arbitration pursuant to arbitration clause in decedent’s housing contract with defendant, where Administrator of decedent’s estate filed certain Survival Act claims for injuries allegedly sustained by decedent while at nursing home. Trial court found that arbitration clause in housing contract was substantively unreasonable. Appellate Court, though, in affirming trial court, found that arbitration clause in housing contract did not survive death of decedent based upon termination provisions contained in said contract. In its petition for leave to appeal, defendant argued that Appellate Court decision conflicted with Carter, 2012, IL 113204, where Ill. Supreme Ct. found that: (1) Survival action accrued prior to decedent’s death and allowed representative of estate to maintain Survival action; and (2) Survival action can be limited via arbitration agreement entered into prior to decedent’s death.