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BRUNER v. TIMBERLANE MANOR LTD. PARTNERSHIP

No. 103,028.

155 P.3d 16 (2006)

2006 OK 90

Detra L. BRUNER, as next of kin of Leola Bruner (Depp), deceased, Appellee, v. TIMBERLANE MANOR LIMITED PARTNERSHIP, and its successor in interest, Timberlane Manor Limited Liability Company, d/b/a Grace Living Center, Appellants.

Supreme Court of Oklahoma.

Rehearing Denied January 29, 2007.

Attorney(s) appearing for the Case

David K. McPhail, Steven J. Johnson, Foliart, Huff, Ottaway & Bottom, Oklahoma City, OK, for appellants.

Don S. Strong, G. Stephen Martin, Strong, Martin & Associates, and John E. Barbush, Oklahoma City, OK, for appellee.

Kenneth G. Cole, Mansell Engle & Cole, Oklahoma City, OK, for amicus curiae, Oklahoma Trial Lawyers Association.

TAYLOR, J.

¶ 1 On July 5, 2005, Detra L. Bruner, as next of kin of Leola Bruner, deceased, filed suit against Timberlane Manor Limited Partnership, and its successor in interest, Timberlane Manor Limited Liability Company d/b/a Grace Living Center (nursing home). The petition alleged that the nursing home's negligent care and breach of duties caused Leola Bruner's death. The nursing home moved to dismiss the suit or in the alternative to compel arbitration and...

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