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KINDRED NURSING CENTERS LTD. v. LEFFEW

No. 2011-CA-002067-MR.

398 S.W.3d 463 (2013)

KINDRED NURSING CENTERS LIMITED PARTNERSHIP, d/b/a Harrodsburg Health Care Center; Kindred Nursing Centers East, LLC; Kindred Hospitals Limited Partnership; Kindred Healthcare, Inc.; Kindred Healthcare Operating, Inc.; and Kindred Rehab Services, Inc., d/b/a Peoplefirst Rehabilitation, Appellants v. Jerry LEFFEW, Individually; and as Executor of the Estate of Louis Leffew, Deceased; and on Behalf of the Wrongful Death Beneficiaries of Louis Leffew, Appellee.

Court of Appeals of Kentucky.

April 19, 2013.

Attorney(s) appearing for the Case

Donald L. Miller, II , J. Peter Cassidy, III , Kristin M. Lomond , Louisville, KY, for appellants.

Richard E. Circeo , Robert E. Salyer , Lexington, KY, for appellee.

Before ACREE, Chief Judge; KELLER and MOORE, Judges.

OPINION

ACREE, Chief Judge:

Kindred Nursing Centers, LP2 appeals the Mercer Circuit Court's denial of its motion to compel arbitration. We agree with the circuit court that the arbitration agreement upon which Kindred Nursing Centers relies is not valid. We affirm.

I. Background

In August 2009, Jerry Leffew and Yvonne Leffew were named emergency custodians...

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