Mitchell v. Kindred Healthcare Operating, Inc.

OPINION

in which ALAN E. HIGHERS, P.J., W.S. and DAVID R. FARMER, J., joined.

This appeal concerns the enforceability of an arbitration agreement between a nursing home and one of its patients. Although the trial court found that the patient’s spouse had authority to sign the agreement under the terms of a power of attorney, the court concluded that the spouse did not knowingly and voluntarily waive the patient’s right to a jury trial. Therefore, the trial court denied the defendant’s motion to compel arbitration. After reviewing the entire record, we find that the facts do not support the…