In Kentucky, the court upheld an arbitration agreement because

the plaintiff executrix had not provided any evidence that the arbitration

agreement was ambiguous or unfairly presented when her mother

needed emergency medical care. Smithson v. Integrated Health Services

of Lester, Inc., No. Civ. A. 99-199 (E.D. Ky. Aug. 13, 1999)

(mem. opinion and order). Even if the arbitration clause were to be

found to be a “contract of adhesion,” the court found that the plaintiff

had not given any evidence that it was presented on a “take-it-orleave-

it” basis or that the terms were unclear. Id. at *3. In addition,

the plaintiff had time to read the contract before and after her mother’s

admission to the facility but admitted that she had not done so. Id. at

*3.

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