Legal Opinion

Tarvin Ex Rel. Wrongful Death Beneficiaries of Tarvin v. CLC of Jackson, LLC

Mississippi Supreme Court

Decided June 23, 2016No. 2015-CA-00145-SCTPublishedCited by 8 opinions

1Opinion of the Court

LAMAR, Justice,

for the Court:

¶ 1. On her' father’s behalf, Debra Tar-vin signed a nursing home Admission Agreement which -contained an arbitration provision. After her father died, she brought a wrongful-death suit against the nursing home, CLC‘ of Jackson, LLC d/b/a Pleasant Hills Community Living Center (“Pleasant- Hills”). Pleasant Hills moved to dismiss the proceedings and to compel arbitration. The trial judge granted Pleasant Hills’ motion, and Debra now appeals to this Court. Because Pleasant Hills has not shown that Dr. Cassandra Thomas was Caldwell’s primary physician, we reverse and…

2Cases cited3 opinions

  1. ADAMS COMMUNITY CARE CENTER, LLC v. ReedMississippi Supreme Court · 2010
  2. Tupelo Auto Sales, Ltd. v. ScottMississippi Supreme Court · 2003
  3. Hattiesburg Health & Rehab Center, LLC v. Emma BrownMississippi Supreme Court · 2015

3Cited by8 opinions

  1. American Health Care Ass'n v. BurwellDistrict Court, N.D. Mississippi · 2016
  2. Belhaven Senior Care, LLC, Trend Consultants, LLC, and C. Bruce Kelly v. Betty Smith, Individually, and as Administratrix of the Estate of Mary Hayes, and on behalf of and for the use and benefit of the Wrongful Death Beneficiaries of Mary HayesMississippi Supreme Court · 2023
  3. Diversicare of Meridian, LLC d/b/a Diversicare of Meridian, Diversicare Leasing Company III, LLC, Diversicare Management Services Co., Diversicare Leasing Corp., Chrissy Alexander, Demetri Gordon and Oshaugnessyz McCormick v. Linda Dianne Shelton, Individually and as Administratrix of the Estate of Sarah Elizabeth Hamrick, for and on behalf of the Estate and Wrongful Death Beneficiaries of Sarah Elizabeth HamrickCourt of Appeals of Mississippi · 2022
  4. Durant Healthcare, LLC a/k/a Holmes County Long Term Care Center and C. Bruce Kelly v. Deaundray Garrette, Individually, and as Administrator of The Estate of Zion Garrette, and on Behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Zion GarretteCourt of Appeals of Mississippi · 2022
  5. Magee Community Care Center, LLC d/b/a Hillcrest Nursing Center, LLC and Regional Care, LLC v. Trekeela Perkins, Individually and on behalf of and for the use and benefit of the Wrongful Death Beneficiaries of Lawrence WilliamsCourt of Appeals of Mississippi · 2021

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