Clara Manley, et al. v. Humboldt Nursing Home, Inc.

Case Number
W2019-00131-COA-R3-CV

After a nursing home resident died, her daughter filed a wrongful death action against the facility. The nursing home moved to compel arbitration based on an arbitration agreement signed by the daughter when her mother was admitted to the facility. The daughter claimed that she lacked authority to sign the arbitration agreement for her mother. The trial court agreed and denied the motion to compel. On appeal, we conclude that the Federal Arbitration Act required the trial court to resolve the issue of whether an agreement to arbitrate had been formed. Because the nursing home failed to establish an agreement to arbitrate had been formed with the patient, we affirm.

Authoring Judge
Judge W. Neal McBrayer
Originating Judge
Judge Clayburn Peeples
Case Name
Clara Manley, et al. v. Humboldt Nursing Home, Inc.
Date Filed
Dissent or Concur
No
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