Curto v. Illini Manors, Inc.
Illinois Appellate Court
940 N.E.2d 229 (2010)
- Written by Haley Gintis, JD
Facts
In 2007, Charles Curto (Charles) was admitted into the Pekin Manors nursing home (defendant), operated by Illini Manors, Inc. (defendant). Charles’s wife, Marilee Curto (plaintiff) entered into an arbitration agreement with Pekin Manors, which provided that all disputes were subject to mandatory arbitration. Curto signed the agreement as a resident’s representative. Two years later, Curto filed suit against Pekin Manors. Curto alleged that Charles, who was deceased, had suffered personal injuries at the nursing home. Curto sought damages for Charles’s estate and in her personal capacity as his wife pursuant to the Nursing Home Care Act, Wrongful Death Act, Survival Act, and Rights of Married Persons Act. Pekin Manors filed a motion to dismiss on the grounds that Charles’s estate was bound to mandatory arbitration based on an agency theory and that Curto was bound to mandatory arbitration because she had signed the agreement. The trial judge denied the motion, holding that Curto had not acted as an agent for Charles, and therefore the arbitration agreement was not valid. Pekin Manors petitioned for an interlocutory appeal. The Illinois Appellate Court conducted a de novo review.
Rule of Law
Issue
Holding and Reasoning (Lytton, J.)
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