Interesting KY COA opinion yesterday in a Kindred nursing home case from Muhlenberg County. Old lady died a few weeks after admission. Her power of attorney signed admission agreement that called for arbitration. Suit filed. Kindred sought to dismiss and send to arbitration. Trial court denied. Appeal follows. COA affirms 3-0 with Judge Jones concurring. Her concurrence is pretty interesting. She wrote on different grounds that the wrongful death claim never belonged to the old lady (it only began to exist after she died) and thus she couldnt send it to arbitration nor could her power of attorney. Her concurrence picks up at page 7.
Posted on: Thu, 28 Nov 2013 18:09:38 +0000