Kindred Hosps. Ltd. P’ship v. Lutrell, 190 S.W.3d 916 (Ky. 2006)

Plaintiff filed a negligence and wrongful death suit against the nursing home. Kindred filed a motion to dismiss or, in the alternative, stay litigation pending arbitration. The trial court denied the motion, finding that the resident’s daughter had no express or implied authority to bind the resident when the arbitration agreement was signed at admission. Kindred then sought relief in the court of appeals alleging the court erred in denying its motion. The court of appeals denied Kindred’s request for interlocutory relief, finding that Kindred’s motion was improperly taken. The Kentucky Uniform Arbitration Act provides for a direct appeal following the denial of arbitration rather than a request for interlocutory relief. The Supreme Court found that either method of appeal is acceptable, but that a party one has “one bite at the apple.” However, if interlocutory relief is sought, the statute requires a showing of extraordinary cause, which Kindred failed to do.

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