MUNN v. HAYMOUNT REHAB. & NURSING CENTER

No. COA10-105.

704 S.E.2d 290 (2010)

Iris B. MUNN, Administratrix of the Estate of Demetra C.B. Murphy, Deceased, Plaintiff, v. HAYMOUNT REHABILITATION & NURSING CENTER, INC. and Century Care of Fayetteville, Inc., Defendant.

Court of Appeals of North Carolina.

December 21, 2010.


Attorney(s) appearing for the Case

Ferguson, Stein, Chambers, Gresham & Sumter, P.A., by Adam Stein and Anne Duvoisin , Raleigh, for plaintiff-appellee.

Yates, McLamb & Weyher, L.L.P., by Barry S. Cobb , Raleigh, for defendant-appellants.


STROUD, Judge.

Defendants appeal a trial court order denying their amended motion to compel arbitration and granting plaintiff's motion to dismiss defendants' claim for arbitration. As we conclude that there is no valid arbitration agreement between the parties, we affirm.

I. Background

On 20 November 2008, plaintiff filed a complaint against defendants for violation of statutory duties and wrongful death, negligence and wrongful death, and corporate...

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