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Georgia’s Court of Appeals affirms decision denying arbitration in nursing home case

Location: Georgia

Plaintiff: Emma Wingo
Defendants: Cartersville Heights Care and Rehabilitation Center

Description: The Georgia Court of Appeals refused to allow nursing home defendants to enforce an arbitration agreement signed during a nursing home resident’s admission process that designed the National Arbitration Forum (“NAF”) to be the arbitrator and that the arbitration be conducted under NAF’s Code of Procedure. The Georgia Court of Appeals explained that as a result of allegations of fraudulent conduct against NAF, NAF agreed to no longer administer consumer arbitrations. According to the Georgia Court of Appeals, since NAF was no longer available, the arbitration agreement was impossible to enforce and the case could proceed before the trial court. The case ultimately settled for a confidential sum.

Sunbridge Ret. Care Associates LLC v. Smith, 757 S.E.2d 157 (Ga. Ct. App. 2014).

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Supreme Court of Florida declares arbitration agreements cannot undermine nursing home residents’ statutory rights

Location: Florida

Plaintiffs: Edward Henry Clark and Angela Gessa
Defendants: Tandem Health Care of Winter Haven and Manor Care of Carrollwood

Description: After nursing home defendants sought to enforce arbitration agreements that limited the nursing homes’ liability either by precluding punitive damages or also by limiting noneconomic damages, the Supreme Court of Florida declared the arbitration agreements unenforceable. The Supreme Court of Florida explained that the arbitration agreements that were executed during the residents’ admission process were unenforceable because the agreements undermined specific statutory remedies in Florida’s Nursing Home Resident’s Rights Act. As a result of the Supreme Court of Florida’s ruling, the two nursing home negligence cases continued before the trial court as opposed to a private arbitrator. Both cases later settled for confidential sums.

Shotts v. OP Winter Haven, Inc., 86 So. 3d 456 (Fla. 2011); Gessa v. Manor Care of Florida, Inc., 86 So. 3d 484 (Fla. 2011).

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

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