Allied Equipment, Inc. v. Opa Locka Silica Sand Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Walton was not bound by an arbitration agreement her mother signed on her behalf while Walton was comatose, as the facility did not establish that Walton authorized -7- J-A08039-18 her mother to act as her agent
• finding arbitration agreement invalid where mother lacked authority to sign arbitration agreement for daughter who was in a coma at time of admission
• noting courts “do not assume agency by a mere showing that one person does an act for another” (citing Ferry v. Fisher, 709 A.2d 399, 405 n.5 (Pa. Super. Ct. 1998))
• “An agent cannot simply by his own words, invest himself with apparent authority. Such authority emanates from the action of the principal and not the agent.”
• mother, who was not acting pursuant to a power-of-attorney and had no express authorization when she signed an arbitration agreement on behalf of her comatose daughter, was not acting as daughter’s agent, and agreement was unenforceable
• in finding mother lacked authority to sign arbitration agreement for daughter who was in a coma at time of admission, court noted that comatose patient “could not authorize her own treatment nor could she grant authority to anyone else.”

Source: CourtListener parenthetical corpus (CC0).