Legal Opinion
Wrongful Death Estate of Krahmer ex rel. Peck v. Laurel Healthcare Providers, LLC
New Mexico Court of Appeals
Decided December 6, 2013No. 34,362; Docket No. 30,868PublishedCited by 5 opinions
1Opinion of the Court
OPINION
KENNEDY, Chief Judge.
{1} Chris Peck (Plaintiff) is the personal representative of the wrongful death estate of the decedent, Ann Krahmer, who he alleges died as a result of a nursing home’s poor care. Plaintiff filed a wrongful death action against the nursing home, which responded with a motion to compel arbitration, pursuant to an agreement signed when Krahmer entered the nursing home. In this case, we hold that .because a wrongful death action is entirely derivative of the decedent’s right to sue, a valid arbitration agreement signed by a competent party binds that party’s estate…
2Cases cited18 opinions
- Marmet Health Care Center, Inc. v. BrownSupreme Court of the United States · 2012
- Woolwine v. Furr's, Inc.New Mexico Court of Appeals · 1987
- Cordova v. World Finance Corp. of NMNew Mexico Supreme Court · 2009
- Stang v. Hertz CorporationNew Mexico Supreme Court · 1972
- Stang v. Hertz CorporationNew Mexico Court of Appeals · 1970
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jerry Erwin Assocs., Inc. v. Estate of AsherDistrict Court, D. New Mexico · 2017
- Peck v. Laurel Healthcare Providers, LLCNew Mexico Court of Appeals · 2013
- Lopez v. Presbyterian HealthcareNew Mexico Court of Appeals · 2024
- Roman Garcia, Individually and as Representative of the Estate of Celia Saenz Tangonan, et al. v. Evangelical Lutheran Good Samaritan SocietyDistrict Court, D. New Mexico · 2026
- U.S. Bank v. DeardorffNew Mexico Court of Appeals · 2019