D. Maria Schmidt v. WW Healthcare, LLC d/b/a Princtown Place Nursing & Rehabilitation, et al.

Santa Fe, New Mexico personal injury lawyer represented the Plaintiff on a wrongful death theory.



D. Maria Schmidt, as personal representative of the wrongful death estate of Francisco Padilla, and Connie Padilla (collectively, Plaintiffs) filed a complaint against WW Healthcare, LLC d/b/a Princeton Place Nursing & Rehabilitation; Two P Management, LLC; OnPointe Business Services, LLC; WSquared Enterprises GP, LLC; WSquared Holdings GP, LLC; Todd Miller, RN; Horace Winchester; Jerry Williamson; Andrew Lark; and David McClure (collectively, Defendants), alleging wrongful death and negligence, among other claims. Defendants filed a motion to dismiss and compel arbitration, citing an agreement to arbitrate (the Agreement) signed by Mr. Padilla on May 17, 2020. Plaintiffs argued in response that Mr. Padilla lacked capacity to enter into the Agreement. After a hearing, the district court denied the motion to compel arbitration based on Mr. Padilla's lack of capacity. Defendants appeal the district court's denial of their motion. We agree with Defendants that the district court erred in denying the motion to compel arbitration, as there was not clear and convincing evidence of Mr. Padilla's lack of capacity at the time the Agreement

was signed.



Schmidt v. WW HealthCare, LLC, A-1-CA-41207 (N.M. App. Nov 19, 2024)

Reversed and remanded for the district court to decide Plaintiffs' other defenses against Defendants' motion to compel arbitration.