Care Center of Kansas City v. Horton, No. WD 64613.
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | Lisa White Hardwick |
| Citation | 173 S.W.3d 353 |
| Parties | CARE CENTER OF KANSAS CITY, Appellant, v. Willye HORTON, Respondent Pro Se. |
| Docket Number | No. WD 64613. |
| Decision Date | 01 November 2005 |
v.
Willye HORTON, Respondent Pro Se.
Page 354
Hugh L. Marshall, Kansas City, MO, for appellant.
Willye B. Horton, Kansas City, MO, pro se.
Before: HARDWICK, P.J., BRECKENRIDGE and SPINDEN, JJ.
LISA WHITE HARDWICK, Judge.
The Care Center of Kansas City sued Willye Horton for the balance due on an account for the care of her father in a skilled nursing facility. The trial court entered judgment in favor of Ms. Horton, finding the financial agreement between the parties to be ambiguous. The Care Center appeals. We reverse and remand.
On or about December 11, 1998, Ms. Horton admitted her 96-year old father, Willie Bennings, to the Care Center of Kansas City d/b/a Swope Ridge Geriatric Center ("Care Center"), a skilled nursing facility. Because Mr. Bennings had never learned to read and write, Ms. Horton had long ago obtained his Power of Attorney in order to transact business on his behalf.
On the day of her father's admission to the Care Center, Ms. Horton executed a one-page document entitled "Swope Ridge Geriatric Center—Conditions of Admissions." The final paragraph of the conditions stated:
6. Financial Agreement
The undersigned agrees, whether he/she signs as agent or as resident, that in consideration of the services to be rendered to the resident, he/she hereby individually obligates himself/herself to pay the account of the facility in full at discharge. [S]hould the account be referred to an attorney for collection, the undersigned shall pay reasonable attorney's fees and collection expenses. All delinquent accounts bear interest at the legal rate. If litigation results, the amount of the attorney's fee shall be set by the court and not by a jury.
The following statements also appeared above the signature lines on the document.
The undersigned certifies that he/she has read the foregoing, receiving a copy thereof, and is the resident or is duly authorized by the resident's general agent to execute the above and accept its terms.
I/We the undersigned agree on consent of admission, to pay all cost(s), charges and expense incurred on behalf of the resident admitted to Swope Ridge Geriatric Center.
Ms. Horton signed her name on the document's three signature lines, indicating she was the "Responsible Party."
The Care Center provided general nursing care for Mr. Bennings from December 11, 1998, until his death on May 7, 2002. Thereafter, the Care Center sent Ms. Horton a final account statement with a balance due of $14,773.27 for the care provided. Ms. Horton refused to pay the
Page 355
amount due and returned the account statement with the notation: "Deceased, not responsible for bills."
The Care Center filed a petition for breach of contract and action on account against Ms. Horton. At the bench trial, Ms. Horton stipulated that $14,773.27 was due for her father's care but she denied personal liability for the account. Ms. Horton testified that she signed the Conditions of Admissions pursuant to the Power of Attorney that...
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Rabius v. Brandon, No. WD 67890.
...ambiguities by distorting contractual language that may otherwise be reasonably interpreted." Care Ctr. of Kansas City v. Horton, 173 S.W.3d 353, 355 (Mo.App. W.D.2005). Thus, we must avoid an "overly technical reading" of contractual language, because it will produce an &quo......
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Knob Noster R-Viii School v. Dankenbring, No. WD 66923.
...interpretation is to ascertain the parties' intentions and to give effect to that intention." Care Ctr. of Kansas City v. Horton, 173 S.W.3d 353, 355 (Mo.App. In order to determine the intent of the parties, it is often necessary to consider not only the contract between the parties, b......
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Profumo v. Alliance for Cmty. Health, Case No. 4:12-CV-132 (CEJ)
...cause." Courts must give words used in the contract "their plain, ordinary meaning." Care Ctr. of Kansas City v. Horton, 173 S.W.3d 353, 355 (Mo. Ct. App. 2005). Whether a contract is ambiguous is a question of law. Klonoski v. Cardiovascular Consultants of Cape Girardeau, In......
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Paramount Bank v. Hominsky, 4:21-cv-01284-SRC
...requires the Court to give all provisions of the contract "their plain, ordinary meaning." Care Ctr. of Kansas City v. Horton, 173 S.W.3d 353, 355 (Mo.Ct.App. 2005); Doc. 1-1 at p. 6 (providing that Missouri law governs the contract). Here, the arbitration clause provides that &qu......
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Rabius v. Brandon, No. WD 67890.
...ambiguities by distorting contractual language that may otherwise be reasonably interpreted." Care Ctr. of Kansas City v. Horton, 173 S.W.3d 353, 355 (Mo.App. W.D.2005). Thus, we must avoid an "overly technical reading" of contractual language, because it will produce an "unlikely[ ] constr......
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Knob Noster R-Viii School v. Dankenbring, No. WD 66923.
...interpretation is to ascertain the parties' intentions and to give effect to that intention." Care Ctr. of Kansas City v. Horton, 173 S.W.3d 353, 355 (Mo.App. In order to determine the intent of the parties, it is often necessary to consider not only the contract between the parties, but su......
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Profumo v. Alliance for Cmty. Health, Case No. 4:12-CV-132 (CEJ)
...without cause." Courts must give words used in the contract "their plain, ordinary meaning." Care Ctr. of Kansas City v. Horton, 173 S.W.3d 353, 355 (Mo. Ct. App. 2005). Whether a contract is ambiguous is a question of law. Klonoski v. Cardiovascular Consultants of Cape Girardeau, Inc., 171......
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Paramount Bank v. Hominsky, 4:21-cv-01284-SRC
...law requires the Court to give all provisions of the contract "their plain, ordinary meaning." Care Ctr. of Kansas City v. Horton, 173 S.W.3d 353, 355 (Mo.Ct.App. 2005); Doc. 1-1 at p. 6 (providing that Missouri law governs the contract). Here, the arbitration clause provides that "[n]othin......