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KINDRED HEALTHCARE, INC. v. HENSON

No. 2013-CA-000895-MR.

481 S.W.3d 825 (2014)

KINDRED HEALTHCARE, INC.; Kindred Nursing Centers Limited Partnership d/b/a Kindred Transitional Care & Rehabilitation — Rosewood f/k/a Rosewood Health Care Center; Kindred Nursing Centers East, LLC; Kindred Hospitals Limited Partnership; Kindred Healthcare Operating, Inc.; and Kindred Rehab Services, Inc., d/b/a Peoplefirst Rehabilitation, Appellants v. Rick HENSON, as Next-Friend of Mary Ferguson, an Incapacitated Person, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 27, 2014.

Discretionary Review Denied by Supreme Court March 9, 2016.

Attorney(s) appearing for the Case

Donald L. Miller, II , Jan G. Ahrens , Kristin M. Lomond , Louisville, KY, for Appellants.

Brian M. Jasper , Robert E. Salyer , Lexington, KY, for Appellee.

Before DIXON, NICKELL and TAYLOR, Judges.

OPINION

The Warren Circuit Court denied Kindred's motion to compel arbitration in compliance with an alternative dispute resolution ("ADR") agreement Kindred maintains it had entered into with Mary Ferguson. The denial was based on the trial court's interpretation and application of the holding in Ping v. Beverly...

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