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STRAUSBERG v. LAUREL HEALTHCARE PROVIDERS

No. 33,331.

304 P.3d 409 (2013)

2013-NMSC-032

Nina R. STRAUSBERG, Plaintiff-Respondent, v. LAUREL HEALTHCARE PROVIDERS, LLC, Arbor Brook, LLC d/b/a Arbor Brook Healthcare, Lisa S. Noya Burnett, M.D., and The Four Humours Healthcare, LLC, Defendants-Petitioners.

Supreme Court of New Mexico.

June 27, 2013.

Attorney(s) appearing for the Case

Keleher & McLeod, P.A., Thomas C. Bird , Mary Moran Behm , Hari-Amrit Khalsa , Neil R. Bell , Albuquerque, NM, for Petitioners.

Harvey Law Firm, LLC, Dusti D. Harvey , Jennifer J. Foote , Albuquerque, NM, for Respondent.

Doerr & Knudson, P.A., Randy J. Knudson , Portales, NM, Kelly Bagby , Washington, D.C., for Amicus Curiae AARP.

OPINION

VIGIL, Justice.

I. INTRODUCTION

{1} In this case we address which party has the burden to prove that a contract is unconscionable and, therefore, unenforceable. Plaintiff Nina Strausberg signed an arbitration agreement as a mandatory condition of her admission to the Arbor Brook Healthcare nursing home. Despite having signed the arbitration agreement, Plaintiff subsequently sued...

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