Appeals court says South Carolina senior care provider waived right to arbitration in wrongful death suit
The U.S. Court of Appeals for the Fourth Circuit has affirmed a lower court’s decision denying a motion to compel arbitration filed by Claiborne Senior Living, LLC and TCABC Real Estate Holdings, LLC in a wrongful death lawsuit brought by the estate of Gordon Jay Sarver.
According to court records, Sarver, who suffered from dementia, was admitted to The Claiborne at Brickyard Crossing, a memory care facility in Summerville, South Carolina, in October 2022. Four months later, he died after walking away from the facility, falling, and striking his head. His wife, Cheryl Sarver, filed a lawsuit in May 2023 on behalf of his estate, alleging state-law claims related to his death.
Before his admission, Cheryl Sarver signed a residency agreement and a binding arbitration agreement on he...





