Renee' Niter-Martin A/K/A Renee' Niter as Next of Kin of Rosie Niter v. Methodist Healthcare-Memphis Hospitals D/B/A Methodist University Hospital
Case Details
- Judge(s)
- Judge Kenny Armstrong
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appellate affirmance of trial court denial of motion to compel arbitration
Related Laws
No specific laws identified for this ruling.
Outcome
Appellate court affirmed trial court's denial of defendant nursing facility's motion to compel arbitration, finding the facility failed to authenticate the alleged arbitration agreement, allowing plaintiff's negligence and wrongful death claims to proceed.
Excerpt
Appellee filed this action, as next of kin of Decedent, against Appellant nursing facility alleging that Appellant was negligent in its care of Decedent. Appellee also asserted a wrongful death claim. Appellant filed a motion to compel arbitration on its allegation that Decedent signed a binding arbitration agreement before being admitted into its facility. The trial court found that Appellant failed to authenticate the alleged arbitration agreement and concluded that there was no evidence of a binding arbitration agreement between Appellant and Decedent. As such, the trial court denied the motion to compel arbitration. Discerning no error, we affirm.
What This Ruling Means
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