Estate of Yetta Novosett v. Arc Villages II, LLC

We address the enforceability of an arbitration agreement in this dispute between the nursing home owner/operators and the estate of a deceased resident of the nursing home. Because the agreement contains an unenforceable' cap oh damages that goes to the “financial heart” of the agreement, we conclude that the entire agreement "is unenforceable and reverse. See Gessa v. Manor Care of Fla., 86 So.3d 484, 490-91 (Fla.2011) (holding that limitation of liability provisions in arbitration agreement included in nursing home’s admissions documents violated public policy and were not severable…