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JAMES DEWEY MILON and ROSA P. MILON v. DUKE UNIVERSITY; DUKE UNIVERSITY HEALTH SYSTEM, INC.; PRIVATE DIAGNOSTIC CLINIC, L.L.P.; PRIVATE DIAGNOSTIC CLINIC, PLLC; DAVID F. PAULSON, M.D.; PETER S.A. GLASS, M.D.; and MARY CRODELLE, CRNA.

Arbitration and Mediation — agreement — wife signing husband's name — no apparent authority

A decision of the Court of Appeals holding that an agreement to arbitrate a medical malpractice claim was valid is reversed for the reasons stated in the dissenting opinion in the COA that a wife did not have apparent authority to enter into an arbitration agreement on behalf of her husband and the defendants could not have reasonably and prudently relied on the arbitration form as signed by her.

PER CURIAM.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.

REVERSED.

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MILON v. DUKE UNIVERSITY
(Mar 1, 2002)