The ESTATE OF JOSEFA U. DeCAMACHO v. LA SOLANA CARE AND REHAB, INC.

How courts have described this case

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

• holding a wrongful-death claim against a nursing home not arbitrable because in Arizona “a wrongful death claim is independently held by the decedent’s statutory beneficiaries”
• explaining that Arizona wrongful death statute “‘confers an original and distinct claim for damages sustained by named statutory beneficiaries’” which is “‘not derived from nor is it a continuation of claims which formerly existed in a decedent’”
• stating that an arbitration clause in a valid contract is enforceable
• reasoning that language in wrongful death statute describing the nature of the wrong “does not specify that a wrongful death claim must be pursued in exactly the same manner, such as through arbitration, as one brought by the decedent”
• explaining that Arizona wrongful death statute “ ‘confers an original and distinct claim for damages sustained by named statutory beneficiaries’ ” which is “ ‘not derived from nor is it a continuation of claims which formerly existed in a decedent’ ”
• finding not arbitrable “the wrongful death claim[] brought by [the personal representative] on behalf of herself, Ramiro Camacho, and Candelario Camacho”

Source: CourtListener parenthetical corpus (CC0).