Pine Tree Villa, LLC v. Hargus, 092316 KYCA, 2013-CA-001647-MR
|Opinion Judge:||DIXON, JUDGE:|
|Party Name:||PINE TREE VILLA, LLC, D/B/A/ REGIS WOODS HEALTHCARE AND REHABILITATION CENTER; SUN HEALTHCARE GROUP, INC; HBR KENTUCKY, LLC; HARBORSIDE HEALTHCARE, LLC; SUNBRIDGE HEALTHCARE, LLC; LISA TETRICK, IN HER CAPACITY AS ADMINISTRATOR OF REGIS WOODS CARE AND REHABILITATION CENTER; DEBORAH MARKEY, IN HER CAPACITY AS ADMINISTRATOR OF REGIS WOODS CARE AND...|
|Attorney:||BRIEF FOR APPELLANT: Jan G. Ahrens Kristin M. Lomond Donald L. Miller II Louisville, Kentucky BRIEF FOR APPELLEE: Brian Michael Jasper Roscoe Frank Mann II Robert Earl Salyer Lexington, Kentucky|
|Judge Panel:||BEFORE: CLAYTON, DIXON, AND JONES, JUDGES.|
|Case Date:||September 23, 2016|
|Court:||Court of Appeals of Kentucky|
NOT TO BE PUBLISHED
APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE FREDRICK COWAN, JUDGE ACTION NO. 12-CI-005889
BRIEF FOR APPELLANT: Jan G. Ahrens Kristin M. Lomond Donald L. Miller II Louisville, Kentucky
BRIEF FOR APPELLEE: Brian Michael Jasper Roscoe Frank Mann II Robert Earl Salyer Lexington, Kentucky
BEFORE: CLAYTON, DIXON, AND JONES, JUDGES.
Pine Tree Villa, LLC, D/B/A/ Regis Woods Healthcare and Rehabilitation Center; Sun Healthcare Group, Inc; HBR Kentucky, LLC; Harborside Healthcare, LLC; Sunbridge Healthcare, LLC; Lisa Tetrick, in her capacity as Administrator of Regis Woods Care and Rehabilitation Center; and Joseph Garrett, in his capacity as Administrator of Regis Woods Care and Rehabilitation Center (collectively "Regis Woods") appeal from an order of the Jefferson Circuit Court denying its motion to compel arbitration of the personal injury and wrongful death claims initiated by Jasmine Hargus, as Administratrix of the Estate of Walter Herman Young, Sr., deceased. For the reasons set forth herein, we affirm.
On April 3, 2009, Walter Herman Young executed a durable power of attorney (POA) appointing his son, Walter T. Young (hereinafter "Walter, Jr.") as his attorney-in-fact with respect to all matters including Young's real and personal property, financial affairs and legal affairs. The POA conferred upon Walter, Jr., expansive power and authority including the "full power to act for me and in my name for the following purposes: ... to sign any legal documents on my behalf; to institute or defend legal actions on my behalf; . . . and to do and perform in my name all that I might individually do."
Thereafter, on April 17, 2009, Young was admitted to Regis Woods. On that date, Walter, Jr., as Young's attorney-in-fact, executed an optional Arbitration Agreement on Young's behalf during the admissions process. The arbitration agreement provided, in pertinent part:
B. AGREEMENT TO ARBITRATE "DISPUTES":
Any and all claims or controversies arising out of or in any way relating to this Agreement, the Admissions Agreement or any of the Resident's stays at this Facility, . . whether or not related to medical malpractice, including but not limited to disputes regarding the making, execution, validity, enforceability, voidability, unconscionability, severability, scope, interpretation, preemption, waiver, or any other defense to enforceability of this Agreement or the Admission Agreement, whether arising out of State or Federal Law, whether existing now or arising in the future, whether for statutory, compensatory or punitive damages and whether sounding in breach of contract, tort or breach of statutory duties (including, without limitation except as indicated, any claim based on Residents' Rights or a claim for unpaid facility charges), regardless of the basis for the duty or of the legal theories upon which the claim is asserted, shall be submitted to binding arbitration.
F. OTHER PROVISIONS:
6. Binding on Parties and Others: It is the intention of the Resident and the Facility that this Agreement shall inure to the direct benefit of and bind the Facility, its parent, affiliates, and subsidiary companies, . . . that provided any services, supplies or equipment related to the Resident's stay at the Facility, and shall inure to the direct benefit of and bind the Resident (as defined herein), his/her successors, spouses, children, next of kin, guardians, administrators, legal representatives, including the personal representatives or executors of his/her estate, any person whose claim is derived through or on behalf of the Resident or relates in any way to the Resident's stays at this Facility, . . . and any person who executed this Agreement or the Admissions Agreement. The parties agree that all aspects of one Party's Dispute with the other shall be included and...
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