Weaver v. Brookdale Senior Living, Inc.

Syllabus

This appeal involves the issue of whether a nonsignatory is bound by an arbitration provision. Stephanie Weaver (Weaver) brought this action against Brookdale Senior Living, Inc. and others in connection with the death of her grandmother, Bonnie Walker. Weaver asserted claims against Brookdale for negligence, negligent infliction of emotional distress, and intentional infliction of emotional distress. Brookdale moved to dismiss Weaver's complaint pursuant Rule 12(b)(6), SCRCP, or, in the alternative, to compel arbitration. Brookdale appeals the denial of its motion to dismiss, and alternatively, the denial of its motion to compel arbitration. We affirm, finding Weaver is not bound by the arbitration provision in the residency contract between her grandmother and Brookdale.