NC Leasing, LLC v. Nilene Junker
Mississippi Supreme Court
1Opinion of the Court
COLEMAN, Justice,
for the Court:
¶ 1. Nilene Junker was admitted to the Nichols Center nursing facility for rehabilitation after surgery. Junker’s daughter, acting with power of attorney, signed an admission agreement on Junker’s behalf. The admission agreement contained an arbitration clause. While she was being put in a room, Junker fell and sustained injuries. Junker sued the Nichols Center, and the nursing home filed a motion to compel arbitration. The circuit court denied the motion, finding that the arbitration agreement was unenforceable because the forum was unavailable. The Nichols…
2Cases cited13 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- East Ford, Inc. v. TaylorMississippi Supreme Court · 2002
- IP TIMBERLANDS OPERATING CO. LTD. v. DenmissMississippi Supreme Court · 1998
- Covenant Health & Rehabilitation of Picayune, LP v. Estate of Moulds Ex Rel. BraddockMississippi Supreme Court · 2009
- Sawyers v. Herrin-Gear Chevrolet Co., Inc.Mississippi Supreme Court · 2010
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3Cited by5 opinions
- Greg Massey v. Oasis Health & Rehab of Yazoo City, LLCCourt of Appeals of Mississippi · 2018
- David Chadwick Carrick and Stifel, Nicolaus & Company, Incorporated v. Bettye M. Turner, by and through Sally Jo Turner Walley, Sherra Turner and Nancy Turner Gordon, POAMississippi Supreme Court · 2020
- First Guaranty Bank v. Independent Healthcare Management, Inc.District Court, S.D. Mississippi · 2019
- Greg Massey v. Oasis Health & Rehab of Yazoo City, LLCCourt of Appeals of Mississippi · 2018
- Timothy Hillhouse and Rebecca Hillhouse v. Chris Cook Construction, LLC and Cress Realty Group, Inc.Mississippi Supreme Court · 2021