Legal Opinion

Kindred Nursing Centers Ltd. Partnership v. Cox

Court of Appeals of Kentucky

Decided June 5, 2015No. 2014-CA-000196-MRPublishedCited by 6 opinions

1Opinion of the Court

OPINION

VANMETER, JUDGE:

Under Kentucky precedent, wrongful death claims are not subject to arbitration. The issue we must resolve in this case is whether the Clark Circuit Court correctly applied that rule of law, or whether recent federal decisions interpreting the Federal Arbitration Act compel arbitration. We *894hold the trial court did* not err and therefore affirm.

In 2010, John R. Cox, III, on behalf of his mother, Elizabeth Cox,' signed an agreement to admit her to Kindred Nursing Centers’1 facility in Winchester. The agreement included provisions authorizing arbitration of claims. '…

2Cases cited20 opinions

  1. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  2. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  3. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  4. Perry v. ThomasSupreme Court of the United States · 1987
  5. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995

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3Cited by6 opinions

  1. Richmond Health Facilities-Kenwood, LP v. NicholsCourt of Appeals for the Sixth Circuit · 2016
  2. Frankfort Med. Investors, LLC v. Thomas by and Through ThomasCourt of Appeals of Kentucky · 2019
  3. Preferred Care Partners Management Group, L.P. v. AlexanderCourt of Appeals of Kentucky · 2017
  4. Lazarus Coal, LLC v. Abram Scott AdkinsCourt of Appeals of Kentucky · 2026
  5. Madison County Utilities District v. City of RichmondCourt of Appeals of Kentucky · 2025

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