Carter v. SSC Odin Operating Company

Illinois Supreme Court
Civil Court
Case Number: 
2012 IL 113204
Decision Date: 
September 20, 2012
5th Dist.
Marion Co.
Appellate court affirmed in part and reversed in part; remanded.
Administrator of estate for deceased nursing home patient brought survival action under Nursing Home Care Act, and wrongful death action. Arbitration agreement signed by decedent at time of her nursing home admission is enforceable; even if it was not met with a reciprocal promise to arbitrate by nursing home, it was supported by consideration. Plaintiff is bound to arbitrate survival count, as it had already accrued to resident prior to death; but Plaintiff is not bound by resident's agreement to arbitrate for purposes of wrongful death claim, as it did not accrue until death and is not brought for benefit of decedent's estate. (KILBRIDE, THOMAS, GARMAN, and BURKE, concurring.)