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KINDRED NURSING CENTERS LTD. v. BROWN

No. 2010-CA-000286-MR.

411 S.W.3d 242 (2011)

KINDRED NURSING CENTERS LIMITED PARTNERSHIP, d/b/a Bashford East Health Care, Kindred Nursing Centers East, LLC., Kindred Hospitals Limited Partnership, Kindred Healthcare, Inc., Kindred Healthcare Operating, Inc. and Theodore Burfiet, in his capacity as administrator of Bashford East Health Care, Appellants, v. Teresa BROWN, as Guardian of Maurice Childress, an Incapacitated Person, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 17, 2011.

Attorney(s) appearing for the Case

Donald L. Miller, II , Louisville, KY, for appellants.

Richard E. Circeo , Lisa E. Circeo , Deborah Truby Riordan , Lexington, KY, for appellee.

Before CAPERTON, COMBS, and KELLER, Judges.

OPINION

CAPERTON, Judge:

The Appellants appeal from the Jefferson Circuit Court's order denying their motion to dismiss or in the alternative stay the lawsuit pending an alternative dispute resolution; i.e., arbitration proceeding. After a thorough review of the parties' arguments, the record, and the applicable law, we affirm the trial court's denial of Appellants' motion.

Maurice Childress is an incapacitated adult suffering from a variety...

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