'Unique' arbitration situation for wrongful-death claim

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 1, 2018 1:13 PM

Merton Messmore’s wrongful-death claim against a nursing home in Silvis, 161 miles west of Chicago, where his late wife Mary allegedly suffered a fatal fall presented what the Illinois Appellate Court called “a unique situation” about a stay under Section 2(d) of the Uniform Arbitration Act — because the survival claims Merton filed on behalf of Mary’s estate “are subject to arbitration, his wrongful-death claim is not, and he bases all three claims on the same factual allegations.&rdquo …

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