Laizure v. Avante at Leesburg, Inc.
109 So. 3d 752
Fla.2013Background
- Stewart signed a broad arbitration Addendum to his admission agreement for disputes over $10,000 arising out of care at AVL.
- Stewart died shortly after admission; Debra Laizure, as personal representative, sued AVL entities for nursing home rights violations under ch. 400 and for wrongful death.
- The arbitration clause expressly binds the Parties’ heirs, reps, and related entities to arbitrate “Disputes” including negligence and Chapter 400 claims.
- The circuit court denied Wheeler’s challenge and the Fifth District affirmed arbitration of the wrongful death claims, certifying a public-importance question to the Florida Supreme Court.
- The Florida Supreme Court held that the wrongful death claims are within the arbitration agreement and that the decedent’s estate and statutory heirs are bound in a subsequent wrongful death action, because wrongful death is derivative of the decedent’s rights and defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arbitration agreement binds the estate and heirs to a wrongful death action. | Laizure argues estate/heirs not bound; wrongful death is independent. | Avante argues the agreement covers all disputes including wrongful death and binds heirs. | Yes; estate/heirs bound to arbitrate. |
| Whether the wrongful death claim lies within the scope of the arbitration clause. | Wrongful death is a separate, survivor-based action outside contract. | Clause broadly covers negligence and care-related disputes, including death. | Within scope. |
| Whether wrongful death is derivative of decedent’s rights, enabling arbitration binding on survivors. | Wrongful death arises from decedent’s death; not dependent on decedent’s contract. | Wrongful death is derivative and dependent on decedent’s able action; thus bound. | Derivative; survivors bound. |
| Whether Florida Wrongful Death Act supports binding arbitration via decedent’s contract. | Courts treat wrongful death as derivative; arbitration binding. |
Key Cases Cited
- Seifert v. U.S. Home Corp., 750 So.2d 633 (Fla. 1999) (hurtful scope of arbitration where contract lacked personal injury/death references)
- Toombs v. Alamo Rent-A-Car, Inc., 833 So.2d 109 (Fla. 2002) (wrongful death barred where decedent had no action to support it; derivative reasoning)
- Valiant Ins. Co. v. Webster, 567 So.2d 408 (Fla. 1990) (wrongful death actions are derivative of decedent’s right)
- Variety Children’s Hosp. v. Perkins, 445 So.2d 1010 (Fla. 1983) (derivative nature; death action depends on decedent’s living rights)
- Consol. Res. Healthcare Fund I, Ltd. v. Fenelus, 853 So.2d 500 (Fla. 4th DCA 2003) (supportive of arbitration of wrongful death within nursing home context)