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SLUSSER v. LIFE CARE CENTERS OF AMERICA

No. 4D07-2906.

977 So.2d 662 (2008)

Florence M. SLUSSER, by and through Brian SLUSSER, Plenary Guardian, Appellant, v. LIFE CARE CENTERS OF AMERICA, INC. a/k/a Life Care Centers of America, Inc. of Tennessee, Forrest L. Preston, John L. Morris, Eleanor Heaton and Alison Graziani (as to Life Care Center of Port St. Lucie), Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 16, 2008.

Attorney(s) appearing for the Case

Isaac R. Ruiz-Carus, Bennie Lazzara, Jr., and Blair N. Mendes of Wilkes & McHugh, P.A., Tampa, and Susan B. Morrison of the Law Office of Susan B. Morrison, P.A., Tampa, for appellant.

Kirsten K. Ullman of Ullman, Bursa, Hoffman & Ragano, LLC, Tampa, for appellees.

DAMOORGIAN, J.

Florence Slusser appeals an order compelling arbitration in a negligence action brought against Life Care Centers of America ("Life Care"), a nursing home. We affirm and hold that an agreement that provides for arbitration of claims brought under the Nursing Home Residents Act, chapter 400.023, et seq., Florida Statutes (2005), is not unconscionable simply because it waives access to the courts to resolve claims arising under the Act. See...

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