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TRINITY HEALTH & REH. v. ESTATE OF SCOTT

No. 2006-CA-01053-COA.

19 So.3d 735 (2008)

TRINITY MISSION HEALTH & REHABILITATION OF CLINTON and LPNH Holdings Limited, LLC, Appellants v. The ESTATE OF Mary SCOTT, by and Through Elzenia JOHNSON, Individually and as the Personal Representative of the Estate of Mary Scott, and on Behalf of and for the use and Benefit of the Wrongful-Death Beneficiaries of Mary Scott, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied April 15, 2008.

Attorney(s) appearing for the Case

John L. Maxey, Jackson, Heather Marie Aby, attorneys for appellants.

Anthony Lance Reins, D. Bryant Chaffin, Hattiesburg, Susan Nichols Estes, attorneys for appellees.

Before KING, C.J., BARNES and ISHEE, JJ.

KING, C.J., for the Court.

¶ 1. Elzenia Johnson filed a wrongful death suit against Trinity Mission Health and Rehabilitation of Clinton (Trinity) alleging that her mother, Mary Scott, suffered injuries during her stay which caused her death. Trinity filed a motion to stay the proceedings and compel arbitration pursuant to the admission agreement, which was denied. Aggrieved, Trinity appeals. We find error and reverse and remand.

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