MITCHELL v. KINDRED HEALTHCARE OPERATING

No. W2008-00378-COA-R3-CV.

349 S.W.3d 492 (2008)

Lovie MITCHELL, as Executrix of the Estate of Mack Mitchell, Deceased v. KINDRED HEALTHCARE OPERATING, INC, et al.

Court of Appeals of Tennessee, Western Section, at Jackson.

November 19, 2008.

Application for Permission to Appeal Denied by Supreme Court May 26, 2009.


Attorney(s) appearing for the Case

David J. Ward , T. Ryan Malone , Jill Jensen Thrash , Chattanooga, TN, for Appellant.

Cameron C. Jehl , Deborah Truby Riordan , Carey L. Acerra , Nashville, TN, Brian G. Brooks , Greenbrier, AR, for Appellee.


OPINION

J. STEVEN STAFFORD, J., delivered the opinion of the court, in which ALAN E. HIGHERS, P.J., W.S. and DAVID R. FARMER, J., joined.

This appeal concerns the enforceability of an arbitration agreement between a nursing home and one of its patients. Although the trial court found that the patient's spouse had authority to sign the agreement under the terms of a power of attorney, the court concluded that the spouse did not knowingly and voluntarily waive...

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