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DRURY v. ASSISTED LIVING CONCEPTS, INC.

080405881; A141068.

262 P.3d 1162 (2011)

245 Or. App. 217

Eddie E. DRURY, former Personal Representative for the Estate of Dorothy J. Drury, Deceased, Plaintiff below, and Douglas M. Fellows, Personal Representative for the Estate of Dorothy J. Drury, Deceased, Plaintiff-Respondent, v. ASSISTED LIVING CONCEPTS, INC. and Kim Maree Lewis, Defendants-Appellants, and Stefany Camenisch, Defendant below.

Court of Appeals of Oregon.

Decided August 31, 2011.

Attorney(s) appearing for the Case

Thomas W. Sondag, Portland, argued the cause for appellants. With him on the briefs was Lane Powell, PC.

Patrick L. Block, Portland, argued the cause for respondent. With him on the brief was Rogers & Block, LLP.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge pro tempore.

ORTEGA, P.J.

Defendants appeal from an order denying their petition to compel arbitration of plaintiff's claims for wrongful death. ORS 36.730(l)(a). Because we conclude that plaintiff is not bound by the contract containing the arbitration provision on which defendants rely, we affirm.

We understand the following facts to be undisputed. Defendant Assisted Living Concepts, Inc. (ALC) owns an assisted living facility. Defendant Kim Maree Lewis was the executive...

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