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Article Excerpt
A nursing home can't enforce a mandatory arbitration clause against a former resident's children, even though one of them signed an arbitration agreement with the home, the Missouri Supreme Court has ruled. It found that "the plaintiff in the wrongful death action is not bound by an arbitration agreement signed" by his sister on their mother's behalf. (Lawrence v. Beverly Manor, 2009WL 77897 (Mo. Jan. 13, 2009).)
In 2003, Dorothy Lawrence began living at the Beverly Manor nursing home in St. Joseph, Missouri. Her daughter, Phyllis Skoglund, who had power of attorney for her, signed a contract on Lawrence's behalf that included an arbitration clause. Lawrence died shortly after, and her family filed a wrongful death suit against the home, alleging that she died after nursing home workers dropped her.
The trial court...
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