Bedford Care Center- Monroe Hall, LLC v. Lewis
| Docket Number: | 2005-CA-00382-SCT Linked Case(s): 2005-CA-00382-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 01-12-2006 Opinion Author: Graves, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Arbitration - Failure to sign agreement Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Diaz and Randolph, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 01-25-2005 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: Denied Appellant's Motion to Compel Arbitration Case Number: CI04-0228 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Bedford Care Center- Monroe Hall, LLC |
BENJAMIN CONNELL HEINZ,
LOUIS HUNTER COMPTON, JR.,
WILLIAM R. LANCASTER |
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| Appellee: | Edna Lewis, as Executrix of the Estate of Ora Preston | RICHARD LAJAUNIE, WILLIAM R. COUCH |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Arbitration - Failure to sign agreement |
| Summary of the Facts: | In 1998, Ora Preston was admitted to Bedford Care Center-Monroe Hall, LLC under an admission agreement which did not contain an arbitration provision. This agreement was signed on her behalf by her nephew, Murphy Preston, her then coconservator. In 2003, Edna Lewis, on behalf of Ora Preston, entered into a second admission agreement with Bedford which contained an arbitration provision. Lewis had, in the meantime, been appointed by the court as the conservator for the estate and person of Ora Preston. At the time Lewis signed the second admission agreement, she was residing in California. In 2004, Lewis, on behalf of Ora Preston, filed a lawsuit against Bedford alleging that acts of negligence and gross negligence occurred while Ora Preston resided at the nursing home operated by Bedford. Bedford filed a Motion to Compel Arbitration based on the arbitration provision in the second admission agreement. The court denied the motion, and Bedford appeals. |
| Summary of Opinion Analysis: | Lewis argues that because she did not sign the highlighted signature line on page five, directly below the waiver of rights paragraph, she did not intend to agree to arbitration, and that her signature on page seven is an indication she agreed with the remainder of the contract. The determination of the validity of a motion to compel arbitration requires a court to determine whether there is a valid arbitration agreement, and whether the parties’ dispute is within the scope of the arbitration agreement. Lewis’ refusal to sign page five of the admission agreement is evidence that she deliberately and consciously decided not to agree to arbitrate any claims against Bedford, but that she retained her right to have her claims adjudicated in a court of law. Lewis made a knowledgeable and express decision not to sign the arbitration provision. When she did not sign it, Bedford sent the agreement to her a second time for more signatures. Bedford specifically wanted Lewis to sign the document on every page to denote her acceptance of the entire agreement, including the arbitration provision. When Bedford received the admission agreement from Lewis for the second time, Lewis still had not signed the arbitration provision. Despite Lewis’ failure to affix her signature to page five, as specifically directed by Bedford, Ora Preston was still admitted to the facility. Therefore, Bedford acquiesced to the terms presented by Lewis - acceptance of the admission agreement, excluding the arbitration provision. |
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