Legal Opinion

Lawrence v. Beverly Manor

Supreme Court of Missouri

Decided January 13, 2009No. SC 89291PublishedCited by 60 opinions

1Opinion of the Court

Issue Presented

MICHAEL A. WOLFF, Judge.

Does an arbitration agreement signed by or on behalf of a nursing home resident bind the plaintiffs in a wrongful death action against the nursing home for the resident’s death?

The circuit court held that wrongful death claimants were not bound by the agreement and could bring a court action for their relative’s wrongful death. The circuit court’s judgment is affirmed.

Facts

Dorothy Lawrence took up residence at Beverly Manor in March 2003. Phyllis Skoglund, Dorothy Lawrence’s daughter, signed an arbitration agreement stating:

It is understood and agreed by…

2Cases cited10 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Dunn Industrial Group, Inc. v. City of Sugar CreekSupreme Court of Missouri · 2003
  3. Nitro Distributing, Inc. v. DunnSupreme Court of Missouri · 2006
  4. O'GRADY v. BrownSupreme Court of Missouri · 1983
  5. Sullivan v. CarlisleSupreme Court of Missouri · 1993

5 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Ping v. Beverly Enterprises, Inc.Kentucky Supreme Court · 2012
  2. Pisano v. Extendicare Homes, Inc.Superior Court of Pennsylvania · 2013
  3. Sanders v. AhmedSupreme Court of Missouri · 2012
  4. Ruiz v. PodolskyCalifornia Supreme Court · 2010
  5. Frye v. Speedway Chevrolet CadillacMissouri Court of Appeals · 2010

55 more not listed; retrieve them via the Exa API.

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