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BOLER v. SECURITY HEALTH CARE, L.L.C.

No. 111,775.

336 P.3d 468 (2014)

2014 OK 80

Johnnie BOLER, Personal Representative of the Estate of Cleo Boler, Deceased, Plaintiff/Appellee, v. SECURITY HEALTH CARE, L.L.C., d/b/a Grace Living Center — Norman; Norman Properties LLC; Amity Care, LLC; Mike Dimond; and Don Greiner, individually and d/b/a Don Greiner Trustee, Kenneth D. Greiner III Revocable Trust, Beneficiary/Trustee, Defendants/Appellants.

Supreme Court of Oklahoma.

September 30, 2014.

Attorney(s) appearing for the Case

Patrick M. Ryan, Phillip G. Whaley and Grant M. Lucky, Ryan Whaley Coldiron Shandy PLLC, Oklahoma City, Oklahoma, and J. Michael DeYong, Gina K. Cheatham, Deyong & Cheatham, P.A., Oklahoma City, Oklahoma, for the Appellants.

L. Ray Maples, II, Travis Dunn, Nicole R. Snapp-Holloway, Maples Law Firm, Edmond, Oklahoma, and David W. Crowe, Bailey, Crowe, Kugler & Arnold, LLP, Dallas, Texas, for the Appellee.

EDMONDSON, J.

¶ 1 The issue is whether the trial court erred in denying the nursing home's motion to compel arbitration. The trial judge held that the wrongful death claim belonging to Cleo Boler's statutory beneficiaries pursuant to 12 O.S.2011 § 1053 is not subject to an agreement to arbitrate contained in her nursing home's admission contract. We agree with the trial court and hold that the personal representative and the next of kin are not bound by...

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