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.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/blackmond_082511.pdf
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Showing posts with label Arbitration. Show all posts
Showing posts with label Arbitration. Show all posts
Thursday, August 25, 2011
Monday, March 14, 2011
Court Reviews Whether a Patient was Competent When He Executed a Power-of-Attorney Document
MARTHA DUKE, As Next of Kin of William Jerry Duke, Deceased, and on behalf of the wrongful death beneficiaries of William Jerry Duke v. KINDRED HEALTHCARE OPERATING, INC., ET AL. (Tenn. Ct. App. March 14, 2011)
This appeal involves an arbitration agreement that was executed when a patient was admitted to a nursing home. The arbitration agreement was signed by the patient's sister, who had presented a power of attorney document to the admissions staff that designated her as the patient's attorney-in-fact. The patient's representative in this lawsuit contends that the patient was incompetent when he executed the power of attorney document, and therefore, the sister lacked authority to sign the arbitration agreement on his behalf. The trial court found by clear and convincing evidence that the patient was incompetent when he signed the document and denied the defendants' motion to compel arbitration. We affirm and remand.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/dukem_031411.pdf
This appeal involves an arbitration agreement that was executed when a patient was admitted to a nursing home. The arbitration agreement was signed by the patient's sister, who had presented a power of attorney document to the admissions staff that designated her as the patient's attorney-in-fact. The patient's representative in this lawsuit contends that the patient was incompetent when he executed the power of attorney document, and therefore, the sister lacked authority to sign the arbitration agreement on his behalf. The trial court found by clear and convincing evidence that the patient was incompetent when he signed the document and denied the defendants' motion to compel arbitration. We affirm and remand.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/dukem_031411.pdf
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