Miller v. Life Care Ctrs. of Am., Inc.
Decision Date | 18 December 2020 |
Docket Number | S-20-0076 |
Citation | 478 P.3d 164 |
Parties | Rick MILLER, appointed Wrongful Death Representative for the Estate of Julia Faye Miller, deceased, Petitioner, v. LIFE CARE CENTERS OF AMERICA, INC., a foreign corporation and Casper Operations, LLC, a foreign LLC, d/b/a Life Care Center of Casper, Respondents. |
Court | Wyoming Supreme Court |
Representing Petitioner: Diana Rhodes, Tracy Rivinus, Lori Brand of Rhodes Law Firm, LLC, Cheyenne, Wyoming. Argument by Ms. Brand.
Representing Respondents: Lena K. Moeller and Amy M. Iberlin of Williams, Porter, Day, and Neville, P.C., Casper, Wyoming. Argument by Ms. Iberlin.
Before DAVIS, C.J., and FOX, KAUTZ, BOOMGAARDEN, and GRAY, JJ.
[¶1] Rick Miller (Rick) signed a "Voluntary Agreement for Arbitration" (Arbitration Agreement or Agreement) on behalf of his mother, Julia Faye Miller (Julia), shortly after she was admitted to Life Care Center of Casper (LCCC). Following her death, Rick, as wrongful death representative of Julia's estate, filed a civil action against Life Care Centers of America, Inc. and Casper Operations, LLC d/b/a Life Care Center of Casper (collectively Life Care). Life Care filed a motion to compel arbitration under the Agreement. The district court granted Life Care's motion, and we granted Rick's petition for a writ of review. Because we conclude Rick lacked authority to execute the Agreement, we reverse and remand to the district court for further proceedings.
[¶2] The dispositive issues in this case are:
[¶3] On September 18, 2013, Julia executed a DPOAHC appointing Rick as her agent for health care decisions "[i]n the event [she was] determined to be incapable of providing informed consent for medical treatment and surgical and diagnostic procedures[.]" The agent's authority was spelled out in detail:
[¶4] The DPOAHC further explained the agent's obligations as:
My agent will make health care decisions for me in accordance with this document, and in accordance with any instructions I give in a Living Will, Health Care Directive or other such document (either included in this document or as a separate document), and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent will make health care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent will consider my personal values to the extent known to my agent.
The DPOAHC specifically limited the agent's power: "My agent does not have authority to act for me for any other purpose unrelated to my health care."
[¶5] Just before the signature line, Julia made the following affirmations:
I fully understand that by signing this document, I will permit my agent to make health care decisions for me. I understand that my signature on this document gives my agent authority to provide, withhold, or withdraw consent to health care treatments or procedures on my behalf; to apply for public benefits to defray the cost of my health care; and to authorize my admission to or transfer from a health care facility. ...
[¶6] Julia was admitted twice to LCCC, Life Care's skilled nursing facility in Casper, Wyoming. This case focuses on Life Care's actions during Julia's second stay at LCCC, which began on June 16, 2015. Life Care concedes Julia was legally incapacitated at the time of admission. Because of Julia's incapacity, Rick acted as her agent under the DPOAHC for her admission into LCCC; Rick provided the DPOAHC to LCCC.
[¶7] Signing as Julia's "Legal Representative," Rick executed an Arbitration Agreement each time Julia was admitted to LCCC. However, Rick did not sign the second Arbitration Agreement until two days after Julia's admission. The first page of the Arbitration Agreement began with an explanation of the arbitration process and the benefits of resolving disputes by arbitration rather than civil litigation. It then stated:
[¶8] The "Agreement" section, which was also on the first page, stated:
[¶9] The third page of the Arbitration Agreement1 included the acknowledgement and signature lines:
THE UNDERSIGNED ACKNOWLEDGE THAT EACH OF THEM HAS READ THIS ARBITRATION AGREEMENT AND UNDERSTANDS THAT BY SIGNING THIS ARBITRATION AGREEMENT EACH HAS WAIVED HIS/HER RIGHT TO A TRIAL, BEFORE A JUDGE OR JURY, AND THAT EACH OF THEM VOLUNTARILY CONSENTS TO ALL OF THE TERMS OF THE ARBITRATION AGREEMENT.
Immediately following the capitalized statement, there were signature lines for the "Resident," the "Legal Representative," and the "Facility Representative." The Facility Representative and Rick, as Julia's Legal Representative, signed the Arbitration Agreement; Julia did not sign it.
[¶10] Julia died on August 14, 2017, allegedly from injuries sustained during a series of mishaps at LCCC. Rick was appointed the wrongful death representative of her estate and filed a claim with the State of Wyoming Medical Review Panel. See Wyo. Stat. Ann. §§ 9-2-1513 through 1523 (LexisNexis 2019) (Wyoming Medical Review Panel Act of 2005). The panel dismissed the claim, allowing Rick to pursue legal action.
[¶11] Rick filed a complaint in the district court on October 31, 2019, stating claims of negligence and premises liability against Life Care. Less than a month later, Life Care filed a motion to compel arbitration. Rick opposed the motion, and the district court held a hearing on the matter. The court granted Life Care's motion to compel arbitration and stayed the district court proceedings. We granted Rick's petition for writ of review.
[¶12] The parties disagreed about whether their dispute had to be arbitrated. Wyo. Stat. Ann. § 1-36-104 (LexisNexis 2019) states:
(a) On application of a party showing an arbitration agreement and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration. If the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to determine the issue raised and shall order or deny arbitration accordingly.
See also, 9 U.S.C. § 4 ( ); Am. Nat'l Bank of Denver v. Cheyenne Housing Auth., 562 P.2d 1017, 1020 (Wyo. 1977) () (citation and quotation marks omitted).
[¶13] In Hancock v. Am. Tel. & Tel. Co., Inc., 701 F.3d 1248, 1261 (10th Cir. 2012), the Tenth Circuit described a framework similar to summary judgment practice for reviewing a request to arbitrate. When the parties dispute the existence of an enforceable agreement to arbitrate, a court may grant a motion to compel arbitration if " ‘there are no genuine issues of material fact regarding the parties’ agreement.’ " Id. (quoting Avedon Eng'g, Inc. v. Seatex, 126 F.3d 1279, 1283 (10th Cir. 1997) ). The moving party has the burden of establishing the existence...
To continue reading
Request your trial-
Skaf v. Wyo. Cardiopulmonary Servs.
...We "apply state law principles governing contract formation in deciding whether an arbitration agreement is enforceable." Miller, ¶ 14, 478 P.3d at 168-69. [4] Dr. Skaf phrases this issue in appellate brief as "[w]hether a covenant not to compete in physician employment agreements in an und......
-
Davidson-Eaton v. Iversen
...within the limits prescribed under the power of attorney and by law. Miller v. Life Care Centers of Am., Inc., 2020 WY 155, ¶ 19, 478 P.3d 164, 170 (Wyo. 2020). An agent that has appointment under a power of attorney is statutorily mandated to act "in good faith" and "only within the scope ......
-
McCallister v. State ex rel. Dep't of Workforce Servs.
...regulations)). In interpreting statutes, we search for the legislature's intent. Miller v. Life Care Ctrs., 2020 WY 155, ¶ 26, 478 P.3d 164, 171 (Wyo. 2020) (citing Vance v. City of Laramie, 2016 WY 106, ¶ 12, 382 P.3d 1104, 1106 (Wyo. 2016)). "When the statutory language is 'sufficiently c......
-
Inman v. Grimmer
...ruling on Grimmer's motion to compel arbitration de novo. See Miller v. Life Care Centers of America, Inc. , 2020 WY 155, ¶ 13, 478 P.3d 164, 168 (Wyo. 2020) (citing Hancock v. American Tel. and Tel. Co., Inc. , 701 F.3d 1248, 1261 (10th Cir. 2012).DISCUSSION[¶10] Wyoming and Utah each have......