Thursday, August 25, 2011

Court reviews whether an agency relationship existed between a mother and her son for the purpose of enforcing an arbitration agreement

DENNIS W. BLACKMON, ET AL. v. LP PIGEON FORGE, LLC, ET AL. (Tenn. Ct. App. August 25, 2011)

This is a nursing home negligence case involving an arbitration agreement. The son of the decedent signed documents admitting his mother to the defendant nursing home. The admission documents included an arbitration agreement. After his mother's death, the son filed a lawsuit on behalf of her estate against the defendant nursing home and others connected to its administration. The defendants filed a motion to compel arbitration pursuant to the agreement signed by the son. The trial court denied the motion, finding that the son was not the decedent's agent and did not have authority to sign on her behalf. The defendants appeal. We affirm.

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