When Bob dies, Bob's representative could file either action in order that his estate (in survival) or beneficiaries (in wrongful death) be compensated for losses stemming from his injuries or death. But in Peters v. Columbus Steel Castings Company, a more complex issue arose-what if Bob signed an agreement to arbitrate all of his claims against his employer? Would that bind Bob's representative to arbitrate an action in survival? In wrongful death? Both? The Ohio Supreme Court answered that Bob's representative would be compelled to arbitrate the survival claim, but not the wrongful death claim, as the latter is independent from the former. Bob's beneficiaries may proceed in court on the wrongful death claim, even as the survival claim proceeds in arbitration, and even though Bob signed an agreement to arbitrate his disputes.
Christopher D. Vanderbeek,
Untimely Death of Wrongful Death Claims: Ohio Removes Decedent-Employee Wrongful Death Claims from the Arbitral Forum, An,
2008 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2008/iss2/11