Golden Gate National Senior Care, LLC v. Roser

I agree with this Court’s affirmance of the trial court’s judgment denying the motion to compel arbitration filed by Golden Gate National Senior Care, LLC, and the other appellants. I write specially concerning the aspect of this case that allowed a wrongful-death action to be filed by Donald Roser, as an administrator ad litem of his mother’s estate, against Golden Gate and other defendants for the alleged wrongful death of his mother. Based upon the reasoning below, it is my judgment that such an action may be instituted only by a personal representative, not by an administrator ad litem.

The…