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WESTMORELAND v. HIGH POINT HEALTHCARE INC.

No. COA10-1103.

721 S.E.2d 712 (2012)

Nancy Jo Chapman WESTMORELAND, Executor of the Estate of James Robert Chapman, Deceased, Plaintiff, v. HIGH POINT HEALTHCARE INC. and Heritage Healthcare of High Point, LLC, Defendants.

Court of Appeals of North Carolina.

January 17, 2012.

Attorney(s) appearing for the Case

Alexander Ralston, Speckhard & Speckhard, L.L.P., Greensboro, by Stanley E. Speckhard , for plaintiff-appellee.

Arnall, Golden, Gregory, L.L.P., Atlanta, by W. Jerad Rissler , and Harris, Creech, Ward & Blackerby, P.A., New Bern, by Bonnie J. Refinski-Knight, Esq. , for defendant-appellants.

STEELMAN, Judge.

Decedent's power of attorney executed an arbitration agreement after decedent was admitted to defendant's nursing facility. The agreement provided that its execution was not a prerequisite to decedent being admitted or remaining in the facility. Plaintiff failed to meet her burden of proof to show that the agreement was procedurally and substantively unconscionable. The order of the trial court denying defendant's motion to compel arbitration is reversed...

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