Kindred Nursing Centers Ltd. Partnership v. Chrzanowski

MILLER, Presiding Judge.

This wrongful death case raises the question of whether the trial court properly determined that J eanne Chrzanowski (“J eanne”) lacked capacity to enter into an agreement to arbitrate with Kindred Nursing Centers.1 The trial court concluded that Jeanne lacked the necessary capacity at the time she entered into the agreement and denied Kindred Nursing Centers’ motion to dismiss or to stay and to compel arbitration of the wrongful death and negligence claims filed by Jeanne’s estate. After a thorough review of the record, we conclude that the trial court applied an…