Thomas Arthur Entrekin v. Internal Medicine Associates of Dothan, P.A.
2012 U.S. App. LEXIS 16655
11th Cir.2012Background
- Entrekin signed a Dispute Resolution Agreement upon admission to Westside Terrace, agreeing to arbitration of all claims that she or her estate might have against the facility.
- After Entrekin died, her estate executor filed a wrongful death action under Alabama Code § 6-5-410 for damages due to alleged nursing home negligence.
- Westside Terrace moved to compel arbitration; the district court denied.
- The central issue is whether the decedent’s arbitration agreement binds the executor to arbitrate the wrongful death claim.
- Alabama Supreme Court jurisprudence (Briarcliff, Carraway, Noland, Johnson) provides varying rules on whether executors are bound when the decedent had an arbitration agreement, creating a district court’s interpretive challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does executor binding follow decedent's arbitration agreement? | Entrekin’s executor argues executors are bound when the decedent was bound. | Westside Terrace relies on Noland plurality to limit binding if the decedent did not sign as a personal representative. | Executor bound by decedent’s arbitration agreement; district court reversed. |
| Should Noland plurality govern binding rules for executors? | Briarcliff/Carraway/Johnson control; executor bound. | Noland plurality provides a distinct rule distinguishing signatories from nonsignatories. | reject Noland plurality as controlling; follow Alabama Supreme Court majority; compel arbitration. |
| Was the delegation (arbitrability) issue properly raised, or forfeited? | Arbitrability could be decided by arbitrator under the delegation clause. | Issue not preserved below; could be argued on appeal. | Forfeited; court cannot decide arbitrability by arbitrator. |
Key Cases Cited
- Briarcliff Nursing Home, Inc. v. Turcotte, 894 So. 2d 661 (Ala. 2004) (executor bound when decedent bound by arbitration; arbitration required)
- Carraway v. Beverly Enterprises Alabama, Inc., 978 So. 2d 27 (Ala. 2007) (executor bound by arbitration when decedent signed; reaffirmed Briarcliff)
- Noland Health Services, Inc. v. Wright, 971 So. 2d 681 (Ala. 2007) (plurity; signatory status—nonsignatory distinction; not controlling here)
- Tenn. Health Management, Inc. v. Rousseau Johnson, 49 So. 3d 175 (Ala. 2010) (applies Johnson to binding by representative signing for decedent)
- AT&T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643 (1986) (arbitration-contract formation principles recognized)