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LAWRENCE v. BEVERLY MANOR

No. SC 89291.

273 S.W.3d 525 (2009)

Dale LAWRENCE, Respondent, v. BEVERLY MANOR, Appellant.

Supreme Court of Missouri, En Banc.

January 13, 2009.

Attorney(s) appearing for the Case

Jon W. Jordan, Stephen M. Strum, Thais Ann Folta, Sandberg, Phoenix & von Gontard, St. Louis, for Appellant.

Tim E. Dollar, Dollar Burns & Becker, L.C., Kansas City, Phillip A. Burdick, Burdick Law Offices, P.C., St. Joseph, for Respondent.

Leland F. Dempsey, Ashley L. Baird, Dempsey & Kingsland, P.C., Kansas City, Amicus Curiae, Missouri Association of Trial Attorneys.

David L. Schenberg, Mark G. Arnold, Harvey M. Tettlebaum, St. Louis, Amicus Curiae, Missouri Chamber of Commerce & Industry.

Issue Presented

MICHAEL A. WOLFF, Judge.

Does an arbitration agreement signed by or on behalf of a nursing home resident bind the plaintiffs in a wrongful death action against the nursing home for the resident's death?

The circuit court held that wrongful death claimants were not bound by the agreement and could bring a court action for their relative's wrongful death. The circuit court's judgment is affirmed.

Facts

Dorothy Lawrence...

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