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Associated Servs. Of Accountable Prof'ls Ltd. Inc. v. Workman

The defendant was not personally liable under a contract she signed in a representative capacity.

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Associated Services of Accountable Professionals ASAP, a home healthcare agency, sued Sue Workman for payment on a contract it had entered to provide nursing services to her father, who is now deceased. Workman moved for summary judgment, arguing that although she had signed the contract on her father’s behalf, she was not personally liable for payment. After a hearing, the trial court granted her motion. ASAP appeals, but we affirm. Summary judgment is appropriate when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We review a trial court’s grant of summary judgment de novo.1

The contract at issue was ASAP’s standard, preprinted “Client Services Agreement,” and the blank for “Client Name” listed Workman’s father, Leonard Workman. The contract was signed, however, by Workman. A section of the contract titled “Client’s Rights and Responsibilities” stated, “I have reviewed, understand and have received a copy of my rights’ sic and responsibilities,” and the blank following those words contained Workman’s signature. A separate document, titled “A.S.A.P. Home Care Client Bill Of Rights And Responsibilities,” provided, in relevant part: “As an A.S.A.P. Home Care client, you have the responsibility to . . . meet your financial obligations to A.S.A.P. in a prompt/timely manner.”

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