Friday, May 7, 2010

Court reviews jurisdiction of a wrongful death case against a nursing home

ALLISON J. PERSON ET AL. v. KINDRED HEALTHCARE, INC., d/b/a PRIMACY HEALTHCARE AND REHABILITATION CENTER, ET AL. (Tenn. Ct. App May 7, 2010)

This is an action for negligence and wrongful death filed against a nursing home by the administrator of decedent patient's estate. The trial court denied Defendant nursing home's motion to dismiss or, in the alternative, for summary judgment upon finding decedent patient was not competent to execute the power of attorney pursuant to which decedent's daughter had executed an arbitration agreement with Defendant. Defendant appeals. We dismiss the appeal for lack of jurisdiction.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/persona_050710.pdf

No comments:

Post a Comment