Court of Appeals sides with Gauthier & Maier Law Firm's Clients on Nursing Home Arbitration Dismissal
In Lobato et al. v. Albuquerque Heights Healthcare and Rehabilitation Center, LLC et al., A-1-CA-40552, the Court of Appeals sided with Gauthier & Maier Law Firm and its clients and reversed a district court's dismissal order regarding a Nursing Home Arbitration contract and remanded back to the Second Judicial District Court. This case involves the wrongful death of Adam Lobato by the negligence of nursing home staff and doctors following a fall right after a double amputation. The nursing home was relying on a questionable arbitration contract signed weeks before the double amputation of the decedent's feet. The arbitration contract was created while the decedent was overly medicated by the facility and from his pain that he did not even know the name of his children and wife. The Court of Appeals held that the appropriate standard was to treat the motion as a summary judgment motion, as argued by Gauthier & Maier Law Firm, and that the evidence presented called into question the formation of the arbitration contract and that an appropriate request for discovery had been made by Gauthier & Maier Law Firm. P.C. We look forward to continuing this case in litigation in New Mexico's Second Judicial District Court and to receive the justice owed to Adam Lobato and his family.
Practice area(s): Appeals, Medical Malpractice
Court: New Mexico Court of Appeals