Order compelling arbitration was affirmed. Four days after admitting her mother to a nursing home, Ms. Coker, the resident’s daughter, signed documents which included an arbitration and limitation of liability agreement. The agreement was clearly worded, conspicuous and separate from other documents. “The Agreement was intended to be signed by “Resident, Guardian or Other Legal […]
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Defendant nursing home moved to compel arbitration. The trial court denied the motion, and the nursing home appealed. The agreement provided that controversies would be arbitrated pursuant to Alternative Dispute Resolution Service Rules of Procedure for Arbitration of the American Health Lawyers Association. Rule 6.06 provided that the “arbitrator may not award consequential, exemplary, incidental, […]
Both parties appealed after the court severed limitations on damages but compelled arbitration. In 2004, Plaintiff filed suit for negligence and violations of the Assisted Living Facilities Act. Alterra moved to compel arbitration because the resident’s agent, who held a power of attorney, signed the Residency Agreement containing an arbitration provision. The court compelled arbitration […]
The decision of the trial court was reversed and arbitration was compelled. On September 17, 2002, Mann underwent a total gastrectomy for stomach cancer. On June 18, 2003, after the surgery but prior to surgery to repair a hernia, he signed an arbitration agreement. During the hernia surgery, his bowel was punctured. Following a third […]
On admission to the nursing home, the resident’s granddaughter executed an admission contract that included an arbitration agreement. Later, after the resident died, the resident’s daughter filed a wrongful death action. The trial court denied the motion to arbitrate, finding that Missouri law applied, that it was not pre-empted by the Federal Arbitration Act, that […]
Plaintiff filed a negligence and wrongful death suit against the nursing home. Kindred filed a motion to dismiss or, in the alternative, stay litigation pending arbitration. The trial court denied the motion, finding that the resident’s daughter had no express or implied authority to bind the resident when the arbitration agreement was signed at admission. […]
