Care Center of Kansas City v. Horton

Citation173 S.W.3d 353
Decision Date01 November 2005
Docket NumberNo. WD 64613.,WD 64613.
PartiesCARE CENTER OF KANSAS CITY, Appellant, v. Willye HORTON, Respondent Pro Se.
CourtUnited States State Supreme Court of Missouri

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.

FACTUAL AND PROCEDURAL HISTORY

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 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 allowed her to transact business on behalf of her father. She recalled telling someone in the Care Center's admission office that she was on fixed disability income and could not afford to be personally responsible for her father's account. She said the admissions representative responded, "You don't have to worry about it."

During closing arguments, the Care Center argued that Ms. Horton was bound by the "financial agreement" because the terms regarding her personal responsibility for the account were unequivocal and unambiguous. The trial court disagreed, stating that the document was labeled "Conditions of Admission" and the financial agreement was buried in "ambiguous language" in the last paragraph. The court questioned why Ms. Horton was not given a separate document to sign for guarantee of payment, instead of an admissions form. The court entered judgment in favor of Ms. Horton, concluding she was not bound by the ambiguous terms of the financial agreement that "individually obligate[d]" the "agent" or "resident" to pay the Care Center account.

POINT ON APPEAL

In its sole point on appeal, the Care Center contends the trial court erroneously applied the law in determining that the terms of the financial agreement were ambiguous and, therefore, unenforceable. The Care Center seeks reversal of the judgment and an award of damages, interest, and attorney's fees pursuant to the contract.

In reviewing a court-tried case, we must affirm the judgment of the trial court unless it is unsupported by substantial evidence, against the weight of the evidence, or erroneously declares or applies the law. Cameron Mut. Ins. Co. v....

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13 cases
  • Rabius v. Brandon
    • United States
    • Missouri Court of Appeals
    • July 1, 2008
    ...from creating 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 "unli......
  • First Nat'l Bank of Dieterich v. Pointe Royale Prop. Owners' Ass'n, Inc.
    • United States
    • Missouri Court of Appeals
    • June 29, 2016
    ...its terms are reasonably open to more than one meaning, or the meaning of the language used is uncertain." Care Ctr. of Kansas City v. Horton, 173 S.W.3d 353, 355 (Mo. App. W.D. 2005). "[I]f the language is not clear, the court turns to other tools of construction in an attempt to determine......
  • Parshall v. Buetzer
    • United States
    • Missouri Court of Appeals
    • July 11, 2006
    ...arising from the interpretation and application of a contract are reviewed de novo as a matter of law." Care Ctr. of Kansas City v. Horton, 173 S.W.3d 353, 355 (Mo.App. W.D.2005). Furthermore, we review a grant of summary judgment de novo. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply ......
  • Knob Noster R-Viii School v. Dankenbring
    • United States
    • Missouri Court of Appeals
    • February 13, 2007
    ...of contract 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. W.D.2005). In order to determine the intent of the parties, it is often necessary to consider not only the contract betw......
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