· 6/3/2008
Bybee v. Abdulla
Citations
- 2008 UT 35
- 189 P.3d 40
- 605 Utah Adv. Rep. 35
- 2008 Utah LEXIS 78
- 2008 WL 2245725
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that wife was incidental, not third party, beneficiary of husband’s medical treatment
- rejecting argument that because decedent is master of his personal injury action he may, by contract, expose his unwilling heirs to any imaginable defense to their wrongful-death action
- beneficiaries not bound because wrongful death is an independent cause of action under Utah law
- “Courts that compel nonsignatory heirs to abide by arbitration agreements often do so because under their law a wrongful death cause of action is wholly derivative of and dependent on the underlying personal injury claim.”
- “ For a dispute to be subject to arbitration, an agreement to arbitrate must exist that binds the party whose submission to arbitration is sought and the dispute to be arbitrated must fall within the scope of the agreement.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Durham, Durrant, Nehring, Parrish, Wilkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.