Dorothy J. Drury Case Brief

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The case study describes about the tragic incident of Dorothy J.Drury, who died from injuries sustained in a fall while living at an Assisted Living Concepts, Inc. Drury had signed a Residency Agreement when his mother moved into the home, though he was not then his mother’s guardian, conservator, personal representative, or trustee and he did not have power of attorney for her. Drury’s mother suffered from dementia, chronic confusion, and memory impairment. The Residency Agreement included an arbitration provision. Drury sued ALC for wrongful death, in ALC defense they moved to compel arbitration, but the trial court denied the motion. On appeal, ALC argued that the agreement bound Drury because his mother was a third-party beneficiary of

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