United States District Court, E.D. Kentucky, Northern Division, Ashland
MEMORANDUM OPINION AND ORDER
R. Wilhoit Jr., Judge
matter is before the Court upon Plaintiffs' Motion to
Compel Arbitration and Enjoin Defendant [Docket No. 8]. The
matter has been fully briefed by the parties [Docket Nos.
8-1, 12 and 13]. For the reasons set forth herein, the Court
will sustain the motion.
case arises from John Hutchinson's residency at South
Shore Nursing & Rehabilitation Center, a nursing facility
owned and operated by Plaintiffs. As part of the admissions
process, on April 30, 2015, John Hutchinson executed
admissions documents in connection with his admission to
South Shore Nursing & Rehabilitation Center ("South
Shore").Mr. Hutchinson signed numerous documents related
to his admission to South Shore, including: Informed Consent
to Decline Medical Treatment and/or Services; Resident
Influenza Vaccine Release and Informed Consent; Request to
Decline Cardiopulmary Resuscitation, and; Acknowledgment of
Documents Signed and Reviewed. These documents are attached
to Plaintiffs Motion as Exhibit A.
Admission Agreement contains an Arbitration Agreement, also
executed by Mr. Hutchinson. The contract requires any claims
arising out of the Admission Agreement or related to Mr.
Hutchinson's medical care at South Shore are to be
resolved exclusively through binding arbitration. It
provides, "that any legal dispute, controversy, demand,
or claim that arises out of or relates to the Resident
Admission Agreement or is in any way connected to the
Resident's stay at the Facility shall be resolved
exclusively by binding Arbitration and not by a lawsuit or
resort to other court process." [Docket No. 8-3].
Agreement expressly includes the following: any claim for
payment, non-payment, or refund for services rendered to the
Residency by the Facility, claims arising out of State or
Federal law, claims based upon breach of contract, breach of
fiduciary duty, violation of rights, fraud, or
misrepresentation, common law or statutory negligence, gross
negligence, malpractice, abuse, neglect or any other claim
based on any departure from accepted standards of medical or
nursing care, whether such claims be for statutory,
compensatory, or punitive damages, and whether arising in the
future or presently existing. Id.
signing parties acknowledged that they were "agreeing to
mutual arbitration, regardless of which of us may make a
claim, and that we will mutually benefit from the resolution
of disputes through arbitration." Id.
Arbitration Agreement also states that Mr. Hutchinson had the
right to consult with an attorney prior to signing the
agreement. Id. It further states that Mr. Hutchinson
could rescind the Agreement by providing written notice to
the facility within 30 days. Id. According to the
Complaint, Mr. Hutchinson did not provide such notice after
he signed the Agreement.
Hutchinson's daughter, Rose, filed an action in the
Jefferson Circuit Court seeking money damages for alleged
injuries to her father arising out of his residency at South
Shore Nursing & Rehabilitation Center ("the State
allege that Defendant has refused to arbitrate his claims.
Therefore, they brought this petition under § 4 of the
Federal Arbitration Act.
now move this Court to compel arbitration and enjoin the
proceedings in the State Court Action.
Federal Arbitration Act ("FAA"), 9 U.S.C. § 1
et seq., "manifests a liberal federal policy favoring
arbitration agreements." Masco Corp. v. Zurich
American Ins. Co., 382 F.3d 624, 626 (6th Cir.2004)
(quoting Moses H. Cone Mem'l Hosp. v. Mercury Constr.
Corp., 460 U.S. 1, 24, 103 S.Ct. 927, 74 L.Ed.2d 765
(1983)) (internal quotation marks omitted).
the FAA, when contracts contain arbitration clauses, federal
courts "are to examine the language of the contract in
light of the strong federal policy in favor of arbitration,
" and are required to resolve any ambiguities in the
agreement or doubts as to the parties' intentions in
favor of arbitration. Stout v. J.D. Byrider, 228
F.3d 709, 714 (6th Cir.2000); see also AT&T Techs.,
Inc. v. Communications Workers of Am.,475 U.S. 643,
650, 106 S.Ct. 1415, 89 L.Ed.2d 648 (1986) (explaining that
when a "contract contains an arbitration clause, there
is a presumption of arbitrability in the sense that an order
to arbitrate the particular grievance should not be denied
unless it may be said with positive assurance that the