ESTATE OF JUNE ELLEN KENNEDY-BYRNE V MILFORD OPCO

Court of Appeals, State of Michigan
ORDER
ESTATE OF JUNE ELLEN KENNEDY-BYRNE V MILFORD OPCO
Docket No. 378373
LC No. 2025-215036-NH
Thomas C. Cameron
Presiding Judge
Mark T. Boonstra
James Robert Redford
Judges
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the Court
REVERSES IN PART the October 31, 2025 order compelling arbitration insofar as the trial court ordered
defendants-appellants Dr. Christina Blevins, D.O., Inpatient Consultants of Michigan, PC, and Aaron Frey,
N.P., to participate in arbitration. Arbitration is a matter of contract, and as nonparties to the arbitration
agreement, defendants-appellants cannot be forced to arbitrate the claims against them. See AFSCME Council
25 v Wayne Co, 292 Mich App 68, 80; 811 NW2d 4 (2011). The trial court cited Altobelli v Hartmann, 499
Mich 284; 884 NW2d 537 (2016), to support that agency principles apply to determining who is within the
scope of an arbitration agreement. However, in Altobelli, the agents at issue—who sought to enforce the
arbitration provision—all signed the agreement. Id. at 288, 292-293 & n 3. In comparison, the current case
involves “resisting nonsignator[ies].” See Demerse v Helen Newberry Joy Hosp, ___ Mich App ___, ___; ___
NW3d ___ (2026) (Docket No. 373567); slip op at 7-9. Assuming arguendo that defendants-appellants are
agents of Medilodge, Medilodge lacked authority to contract away defendant-appellants’ right to litigate their
personal liability on the claims against them, and agency principles cannot be applied to compel defendants-
appellants to engage in arbitration. See id. The trial court’s order is reversed, in part, insofar as the trial court
compelled defendants-appellants to submit to arbitration, and the case is remanded for further proceedings not
inconsistent with this order.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge
A true copy entered and certified by Jerome W. Zimmer Jr. , Chief Clerk, on
Date

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