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KINDRED NURSING CENTERS LTD. v. COX

NO. 2014-CA-000196-MR.

486 S.W.3d 892 (2015)

KINDRED NURSING CENTERS LIMITED PARTNERSHIP d/b/a Fountain Circle Health and Rehabilitation; 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. John R. COX, III, as Executor of the Estate of Elizabeth Cox, Deceased, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 27, 2016.

Attorney(s) appearing for the Case

Briefs for Appellant: Donald L. Miller, II , J. Peter Cassidy, III , Kristin M. Lomond , Louisville, Kentucky.

Brief for Appellee: Richard E. Circeo , Robert E. Salyer , Lexington, Kentucky.

BEFORE: CLAYTON, JONES, AND VANMETER, JUDGES.

OPINION

Under Kentucky precedent, wrongful death claims are not subject to arbitration. The issue we must resolve in this case is whether the Clark Circuit Court correctly applied that rule of law, or whether recent federal decisions interpreting the Federal Arbitration Act compel arbitration. We

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