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COVENANT HEALTH v. ESTATE OF LAMBERT

No. 2005-CA-02223-COA.

984 So.2d 283 (2006)

COVENANT HEALTH & REHABILITATION OF PICAYUNE, LP; Covenant Dove, Inc.; Picayune Partners, Inc.; Bond, Johnson & Bond, Inc., n/k/a Covenant Dove, Inc.; and Keri H. Ladner, Appellants v. The ESTATE OF Mary Frances LAMBERT, by and through Joseph LAMBERT, individually and as personal representative of the estate of Mary Frances Lambert and on behalf of and for the use and benefit of the wrongful death beneficiaries of Mary Frances Lambert, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied March 25, 2008.

Attorney(s) appearing for the Case

Paul Hobart Kimble, John L. Maxey, Jackson, attorneys for appellants.

F.M. Turner, III, attorney for appellee.

Before LEE, P.J., IRVING and ISHEE, JJ.

IRVING, J., for the Court.

¶ 1. Joseph Lambert filed a wrongful death action against Picayune Convalescent Center (the Center), alleging that his mother, Mary Frances Lambert, suffered personal injuries which led to her death while she was a resident at the Center. The Pearl River County Circuit Court granted partial summary judgment and declared the arbitration agreement unconscionable and unenforceable. Aggrieved, the Center appeals and asserts that the circuit...

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