Legal Opinion

Mary E. Roth and Michael A. Roth, Individually and as Coexecutors of the Estate of Cletus Roth, Anna M. Roth, Individually, and Bradley E. Roth, Individually v. the Evangelical Lutheran Good Samaritan Society D/B/A Good Samaritan Society - George

Supreme Court of Iowa

Decided October 21, 2016No. 15–2095PublishedCited by 21 opinions

1Opinion of the Court

MANSFIELD, Justice.

We have been asked to answer two certified questions of Iowa law in a tort case brought by the adult children of a former nursing home resident against the nursing home. The questions are as follows:

1. Does Iowa Code section 613.15 require that adult children’s loss-of-parental-consortium claims be arbitrated when the deceased parent’s estate’s claims are otherwise subject to arbitration?

2. Does the fact that a deceased parent’s estate’s claims are subject to arbitration establish that it is impossible, impracticable, or not in the best interest of the decedent’s adult…

2Cases cited46 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  3. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
  4. Preston v. FerrerSupreme Court of the United States · 2008
  5. Marmet Health Care Center, Inc. v. BrownSupreme Court of the United States · 2012

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3Cited by21 opinions

  1. Brian K. Allison v. State of iowaSupreme Court of Iowa · 2018
  2. State of Iowa v. Iowa District Court for Scott CountySupreme Court of Iowa · 2017
  3. Gregory Baldwin v. City of Estherville, Iowa Matt Reineke, Individually and in His Official Capacity as an Officer of the Estherville Police Department and Matt Hellickson, Individually and in His Official Capacity as an Officer of the Estherville Police DepartmentSupreme Court of Iowa · 2018
  4. Gary N. Porter and Lori Porter v. Richard L. Harden and Janice HardenSupreme Court of Iowa · 2017
  5. Samuel De Dios v. Indemnity Insurance Company of North America and Broadspire Services, Inc.Supreme Court of Iowa · 2019

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