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KORICIC v. BEVERLY ENTERPRISES — NEBRASKA

No. S-08-1167.

773 N.W.2d 145 (2009)

278 Neb. 713

Frank KORICIC, as Trustee for the heirs and next of kin of Manda Baker, appellant, v. BEVERLY ENTERPRISES — NEBRASKA, INC., formerly doing business as Beverly Hallmark, et al., appellees.

Supreme Court of Nebraska.

October 16, 2009.

Attorney(s) appearing for the Case

Brian G. Brooks, P.L.L.C., Richard F. Hitz, of Hauptman, O'Brien, Wolf & Lathrop, P.C., Omaha, and S. Drake Martin, of Nix, Patterson & Roach, L.L.P., Daingerfield, for appellant.

Rodney M. Confer and Jeanelle R. Lust, of Knudsen, Berkheimer, Richardson & Endacott, L.L.P., Lincoln, for appellees.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

The appellant, Frank Koricic (Frank), lived with his elderly mother, Manda Baker (Manda), and assisted her in her daily affairs. When her health declined, she was admitted to Beverly Hallmark, a nursing home in Omaha, Nebraska. At Manda's admission, Frank signed several documents for her. One of the documents was an optional arbitration agreement.

This appeal presents the issue whether Frank had authority to act as Manda's agent and to enter into...

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