James Ballard v. Southwest Detroit

Defendant Southwest Detroit Hospital appeals by leave granted the trial court's orders denying its motion for accelerated judgment and subsequent motion for a rehearing. Plaintiff's decedent, Alberta Ballard, executed a medical malpractice arbitration agreement on October 17, 1978, after receiving treatment in the emergency room of defendant hospital. Mrs. Ballard died in the hospital on November 5, 1978, and plaintiff was appointed personal representative of her estate on February 27, 1980. The arbitration agreement was never revoked. On July 18, 1980, plaintiff filed the instant wrongful death action, alleging acts of malpractice. Defendant responded with a motion for accelerated judgment seeking to enforce the arbitration agreement. The trial court denied defendant's motion, reasoning that plaintiff, as personal representative under the wrongful death statute, was not bound by the decedent's agreement to arbitrate. Although plaintiff also argued that the arbitration statute was unconstitutional, the court expressly declined to rule on that issue.