Bedford Health Props., LLC v. Estate of Davis
| Docket Number: | 2007-CA-00945-COA Linked Case(s): 2007-CA-00945-COA ; 2007-CT-00945-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-28-2010 Opinion Author: Griffis, J. Holding: Affirmed and remanded; The motion for rehearing is granted. The original opinion of this Court is withdrawn, and this opinion is substituted in lieu thereof. The judgment of the Forrest County Circuit Court is affirmed, and this case is remanded for further proceedings consistent with this opinion. |
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| Additional Case Information: |
Topic: Personal injury - Arbitration agreement Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Motion to Compel Arbitration; Motion for Rehearing Nature of the Case: CIVIL - PERSONAL INJURY; Motion for Rehearing |
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| Trial Court: |
Date of Trial Judgment: 04-26-2007 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: DENIED DEFENDANT’S MOTION TO COMPEL ARBITRATION Case Number: CI04-02222 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Bedford Health Properties, LLC, Bedford Care Center of Hattiesburg, LLC, Hattiesburg Medical Park, Inc., Hattiesburg Park Management Corp., Michael McElroy, Jr. and Robert Perry |
STEVEN MARK WANN, HEATHER MARIE ABY, MARJORIE SELBY BUSCHING |
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| Appellee: | The Estate of Theodore Davis, by and through Patricia Davis, Individually and as Personal Representative of the Estate of Theodore Davis, and on behalf of and for the use and benefit of the wrongful death beneficiaries of Theodore Davis | ANNETTE ELISE BULGER MATHIS, DOUGLAS BRYANT CHAFFIN |
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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 agreement |
| Summary of the Facts: | The motion for rehearing is granted, and this opinion is substituted for the original opinion. Theodore Davis executed a properly authenticated durable power of attorney making his wife, Patricia, his agent for all healthcare decisions. Patricia signed an admission agreement with Bedford Care Center on behalf of Theodore as his responsible party. The admission agreement contained an arbitration clause. During Theodore’s residence at Bedford Healthcare Center, he allegedly suffered numerous injuries culminating in his death. Patricia filed suit alleging, among other things, that Bedford Health Properties had been negligent in caring for Theodore and that the arbitration agreement was unconscionable and unenforceable. The circuit court found the arbitration clause unenforceable. Bedford Care Center appeals. |
| Summary of Opinion Analysis: | The arbitration clause that was incorporated into the nursing home admission agreement provided that arbitration would take place in accordance with the rules promulgated by the American Health Lawyers Association. In Magnolia Healthcare, Inc. v. Barnes ex rel. Grigsby, 994 So. 2d 159 (Miss. 2008), the Supreme Court noted that the AHLA had amended its rules to provide that it would only arbitrate claims after January 1, 2004, if both parties agreed to arbitration after an injury occurred. The AHLA’s procedural rules provide that the AHLA would administer arbitration even where the parties do not consent post injury if ordered to do so by a court. In this case, Theodore died in 2003, which was prior to the AHLA requirement that the parties agree to arbitration post injury. However, Patricia did not file suit until August 25, 2004, which was after the AHLA’s requirement that parties agree to arbitration post injury. However, the AHLA’s procedural rules do not relate to when a claim arose, or when suit was filed. Rather, they provide that the AHLA will not provide arbitration after January 1, 2004, to any claim, regardless of when the claim arose, unless there has been a post-injury agreement for arbitration. The chosen forum for arbitration is unavailable, and there is not a valid agreement to arbitrate. |
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