 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Baker v. Stevens5/31/2005
Christine Baker ("Christine") sued doctors Richard Rosenthal and Gregory Stevens (the "doctors"), along with the IHC Health Center in Holladay ("IHC") where Dr. Stevens works, to recover damages for the wrongful death of her husband, Gary Baker ("Gary"). Before his death, Gary had entered into an arbitration agreement (the "agreement") with Dr. Rosenthal. Relying on that agreement, the doctors and IHC moved the district court to compel Christine to arbitrate her wrongful death claim. The district court denied that motion, and the doctors and IHC filed this appeal. While this appeal was pending, however, the parties conducted discovery, and Dr. Rosenthal successfully sought summary judgment in the district court on Christine's claim against him.
Christine filed a suggestion of mootness, arguing that Dr. Rosenthal's dismissal from the underlying action rendered this appeal moot. She reasoned that Dr. Rosenthal was no longer a party to the underlying action and that the remaining defendants' claim to arbitration was based solely on their status as beneficiaries of Dr. Rosenthal's arbitration agreement with Gary. We conclude that Dr. Rosenthal's summary judgment did not render this appeal moot, but rather effected a waiver of his right to arbitrate. We therefore affirm the district court on those grounds.
BACKGROUND
Gary was receiving treatment from Dr. Stevens for a variety of maladies when Dr. Stevens referred Gary to Dr. Rosenthal. Prior to Gary's treatment, Gary and Dr. Rosenthal entered into the agreement, which required Gary "to submit to binding arbitration all disputes and claims for damages of any kind for injuries and losses arising from the medical care" rendered by Dr. Rosenthal. The agreement also purported to "bind all persons whose claims for injuries and losses arise out of medical care" Dr. Rosenthal provided. Seven days after signing the agreement, Gary died.
Gary's widow, Christine, acting as the personal representative of Gary's estate, brought a wrongful death action against the doctors. Her complaint alleged that the doctors' malpractice had proximately caused her husband's death. She also sought to recover against IHC under theories of vicarious liability and respondeat superior.
Relying on Utah Code section 78-31a-4 (2002), Dr. Rosenthal moved to stay the proceedings and to compel Christine to arbitrate her wrongful death claim against him pursuant to his agreement with Gary. Though not parties to the agreement, Dr. Stevens and IHC also moved to compel Christine to arbitrate her claim, relying on a provision in the agreement allowing "any person or entity that would otherwise be a proper additional party in a court action and which agrees to be bound by the arbitration decision" to participate in the arbitration. Christine opposed the motions seeking to compel arbitration, and the district court ruled in her favor, holding that Christine's wrongful death claim, which was separate from Gary's underlying claim for personal injuries, was not subject to the arbitration agreement. Although the doctors and IHC appealed the district court's determination, all the parties agreed to pursue discovery while the appeal was pending.
After oral argument, while the appeal was under advisement, Dr. Rosenthal moved the district court for summary judgment on Christine's wrongful death claim. Dr. Rosenthal argued that Christine had failed to produce expert testimony regarding the professional standard of care to which he should be held. The district court granted Dr. Rosenthal's motion for summary judgment and dismissed him from the underlying case. Christine argues that Dr. Rosenthal's dismissal renders this appeal moot. Dr.
Page 1 2 3 4 Utah Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|