The name of the case is Drury vs Assisted Living Concepts. The case was filed on August 31, 2011 in the court of appeals of the state of Oregon, and it was taken place at Supreme Court of Oregon on November 11,2011. In this case Eddie Drury is the former personal representative for the Estate of Dorothy J. Drury, Deceased, and the plaintiff, whereas Douglas M Fellows is the personal representative for the Estate of Dorothy J.Drury and he is also the plaintiff’s respondent. On the other hand, Kim Maree Lewis is the defendant in this case, and she is the executive director of Assisted Living Facility.

Facts
The case study describes about the tragic incident of Dorothy J.Drury, who died from injuries sustained in a fall while living at an …show more content…
On appeal, the court addressed whether the decedent was a third-party beneficiary of the agreement and was therefore bound by the arbitration clause in the agreement. According to state appellate court, the resident of an assisted living facility was not bound by an arbitration clause as a third-party beneficiary of a Residency Agreement because the contract was signed by her son, when the resident suffered from dementia and the son was not her guardian. The court explicitly rejected the holding of the Fifth Circuit as well as two other state appellate courts that had compelled arbitration on the basis that the resident is a third-party beneficiary of the contract. Drury v. Assisted Living Concepts, Inc., No. 141068, 2011 WL 3835073 (Or. Ct. App. Aug. 31, 2011). The holding allows the personal representative to continue his lawsuit for the wrongful death of his mother.
The court denied the defendants petition because Dorothy was not bound to the residency agreement, and she was not bound by the third-party beneficiary because she did not sign the contract and mentally she was not able to carry out any important decisions regarding her affairs, instead the contract was signed by her son. The court added that the decedent’s son did not later assent to the contract on her behalf by