The Estate appealed after the trial court granted Manor Care’s motion to compel arbitration. Resident’s wife had signed admissions agreement and an arbitration and limitation of liability agreement. After the resident filed suit, Manor Care answered, making a demand for trial by jury. Later it moved to compel arbitration. On appeal, Plaintiff argued that Manor […]
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Conservator initialed pages indicating she read arbitration agreement, but did not sign the agreement. Facility made two attempts to have her sign the arbitration agreement and each time she declined. Resident continued to receive care in the facility. Plaintiff submitted an affidavit stating: “To the best of her memory and knowledge she had a reservation […]
Resident was in two different nursing homes and after her death, Plaintiff sued both of them. Each was dismissed and Plaintiff appealed. The action against the first nursing home was beyond the limitations period. Plaintiff’s discovery argument was rejected. The trial court’s dismissal of the second nursing home was also sustained since the only evidence […]
Plaintiff sued the nursing home, its owner (an LLC) and the individual manger of the LLC. The manager was not a Florida resident and moved to dismiss the complaint on personal jurisdiction grounds. The manager contested each allegation that he was subject to jurisdiction in Florida, shifting the burden back to the Plaintiff. The Plaintiff […]
Order compelling arbitration was affirmed. Four days after admitting her mother to a nursing home, Ms. Coker, the resident’s daughter, signed documents which included an arbitration and limitation of liability agreement. The agreement was clearly worded, conspicuous and separate from other documents. “The Agreement was intended to be signed by “Resident, Guardian or Other Legal […]
The nursing home filed a Chapter 11 bankruptcy petition in January 2000. Plaintiff resided in the nursing home from November 1999 through February 2000. In November 2001, Plaintiff filed suit, followed by an individual defendant’s motion to dismiss. In June 2003, the trial court granted the motion to dismiss, but gave Plaintiff 30 days to […]
Trial court sustained defendants’ exception of prematurity. The trial court was reversed in part because violations of the nursing home resident rights bill prior to August 15, 2003 were not subject to the medical review panel process. Further, claims that the resident was not cleaned and was left in her own feces were not subject […]
Plaintiff appealed after trial court sustained patient liability fund’s exception of no cause of action on Nursing Home Bill of Rights claim and appealed trial court’s awards for damages. Plaintiff had settled with the nursing home and proceeded to trial against the fund. On appeal, the court found no error in sustaining the exception since […]
Plaintiff, the estate of a 92 year old resident sued for neglect. The resident was wheelchair bound and had Parkinson’s, Alzheimer’s and osteoporosis. When she began showing signs of abnormality, she was examined and X-rays revealed a non-displaced spiral fracture of the distal tibia in her right leg. She was hospitalized and died a month […]
Jury found that nursing home and hospital were equally at fault. On JNOV, the trial court awarded damages for survival, medical expenses, funeral expenses and attorney’s fees. Court of appeals rejected nursing home’s argument that the trial court erred by redacting conclusions in the medical review panel report to the effect that the nursing home […]
