The Tennessee Supreme Court recently declined to review the Court of Appeals opinion compelling arbitration in a Memphis nursing home abuse and neglect case.
In Mitchell v. Kindred Healthcare Operating, Inc., et al., No. W2008-00378-SC-R11-CV (Tenn. May 26, 2009) (attached below), the Supreme Court declined to review a Court of Appeals’ ruling finding enforceable an ADR Agreement signed in conjunction with a nursing home admission. D’Army Bailey was the Trial Judge, and the law firm of Wilkes and McHugh represented the Plaintiff. Chambliss, Bahner & Stophel represented the Defendants.
The Court of Appeals, when overturning the trial court’s denial of the Motion to Compel Arbitration, held: (1) the signor was authorized by the resident to execute the ADR Agreement under a durable power of attorney for health care; (2) the plaintiff failed to prove that she lacked capacity to execute the ADR Agreement; and (3) the subject ADR Agreement was neither a contract of adhesion nor unconscionable.
When enforcing the subject ADR Agreement, the Court of Appeals relied heavily on Owens v. National Health Corp., No. M2005-01272-SC-R11-CV, 2007 WL 3284669 (Tenn. Nov. 8, 2007) and Reagan v. Kindred Healthcare Operating, Inc., No. M2006-02191-COA-R3-CV, 2007 WL 4523092 (Tenn. Ct. App., Dec. 20, 2007).