Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Edwards v. Allenbrooke Nursing And Rehabilitation Center, LLC

Court of Appeals of Tennessee, Jackson

October 26, 2017

REGINA EDWARDS
v.
ALLENBROOKE NURSING AND REHABILITATION CENTER, LLC

          Session September 18, 2017

         Direct Appeal from the Circuit Court for Shelby County No. CT-000601-16 James F. Russell, Judge

         This appeal involves an arbitration agreement executed in connection with a nursing home admission. The trial court found no evidence that the individual who signed the arbitration agreement on behalf of the resident had authority to do so, and that, in any event, the form itself was not properly completed. Accordingly, the trial court denied the nursing home's motion to compel arbitration. The nursing home appeals and argues that the trial court erred in deciding these issues because they should have been resolved by an arbitrator. We affirm and remand for further proceedings.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed and Remanded

          Craig Creighton Conley and Michael T. Goodin, Memphis, Tennessee, for the appellant, Allenbrooke Nursing and Rehabilitation Center, LLC.

          Thomas R. Greer, Memphis, Tennessee, for the appellee, Regina Edwards.

          Brandon O. Gibson, J., delivered the opinion of the court, in which Arnold B. Goldin, and Kenny Armstrong, J.J., joined.

          OPINION

          BRANDON O. GIBSON, JUDGE

         I. Facts & Procedural History

         This appeal arises out of a wrongful death and health care liability suit. The plaintiff, Regina Edwards, instituted the action as daughter and next of kin of Naomi Edwards ("Mother"), on behalf of all wrongful death beneficiaries. The named defendant was Allenbrooke Nursing and Rehabilitation Center, LLC. Allenbrooke filed a motion to compel arbitration, asserting that Mother and Allenbrooke entered into an arbitration agreement in connection with her admission to the facility. Allenbrooke claimed that Mother was bound by the arbitration agreement because another daughter, Theresa Edwards, "signed the Agreement on her behalf, with authority to do so pursuant to an Appointment of Surrogate form[.]"

         Allenbrooke attached the Appointment of Surrogate form to its motion to compel arbitration. The form reflects that Theresa Edwards signed it on April 18, 2012, in the section entitled, "Acceptance of Surrogate Selection, " which stated:

I accept the appointment as surrogate for this Resident and understand I have the authority to make all health care related decisions for Theresa Edwards [sic] including the signing of an arbitration agreement.

         (The handwritten name "Theresa Edwards" was erroneously placed in the blank above instead of Mother's name, Naomi Edwards.) Mother signed the Appointment of Surrogate form the next day, beneath the statement, "I, Naomi Edwards, make the decision to appoint Theresa Edwards as my surrogate." The arbitration agreement, a separate document, was signed by Theresa Edwards on April 18, the day before Mother signed the Appointment of Surrogate form.

         In its motion to compel arbitration, Allenbrooke argued that Theresa Edwards had authority to sign the arbitration agreement on behalf of Mother as her health care surrogate pursuant to the Appointment of Surrogate form and the Tennessee Health Care Decisions Act, Tenn. Code Ann. § 68-11-1801, et seq. Allenbrooke also argued that in the event any disputes arose regarding the arbitration agreement itself, including disputes regarding its enforceability, those disputes must be referred to arbitration because ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.