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New Meadowview Health and Rehabilitation Center, LLC v. Booker

Court of Appeals of Kentucky

May 4, 2018

NEW MEADOWVIEW HEALTH AND REHABILITATION CENTER, LLC, D/B/A MEADOWVIEW HEALTH AND REHABILITATION CENTER; SENIOR CARE U.S. HOLDINGS, INC.; AND ELMCROFT SENIOR LIVING, INC., D/B/A ELMCROFT SENIOR LIVING APPELLANTS
v.
MONICA L. BOOKER, AS ADMINISTRATRIX OF THE ESTATE OF MONA HARDIN; AND WILLIAM HARDIN, INDIVIDUALLY APPELLEES

          APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE JUDITH E. MCDONALD-BURKMAN, JUDGE ACTION NO. 16-CI-002764

          BRIEFS FOR APPELLANT: William K. Oldham Jennifer M. Barbour Vanna R. Milligan Louisville, Kentucky

          BRIEF FOR APPELLEE: Jennifer A. Moore Abigale Rhodes Green Emily A. DeVuono Louisville, Kentucky

          BEFORE: KRAMER, CHIEF JUDGE; JOHNSON AND MAZE, JUDGES.

          OPINION

          MAZE, JUDGE:

          New Meadowview Health and Rehabilitation Center, LLC, d/b/a Meadowview Health and Rehabilitation Center, and affiliated companies (collectively, "Meadowview") appeal from an order of the Jefferson Circuit Court denying its motion to compel arbitration of claims brought by Monica L. Booker, as Administratrix of the Estate of Mona Hardin ("the Estate") and William Hardin. We agree with the trial court that Meadowview failed to carry its burden of proving the existence of a valid and enforceable arbitration agreement. Hence, we affirm, and remand for additional proceedings.

         For purposes of this appeal, the following facts are not in dispute. On May 30, 2007, Mona Hardin executed a "Durable Power of Attorney" ("the POA") which designated her husband, William Hardin, as her attorney-in-fact. The POA granted William "full power and authority to do in my name and on my behalf any and all acts I might do if personally present and acting on my own behalf including, but without limiting the generality of forgoing the powers hereinafter set forth."

         The specified powers included:

4.To enter into contracts of any kind or description whatsoever, and to exercise any right, option or election which I may have or acquire under any contract;
5.To compromise, settle, or renew any claim against me, or any right which I may be entitled to assert and which may be asserted against me;
6.To assert by litigation or otherwise any claim of mine, and to defend any claim that may be asserted against me with full right to employ counsel and agents which, in the discretion of said attorney in fact, may be necessary in connection therewith;

         The POA further provided that "[t]his Durable Power of Attorney shall become effective upon the disability or incapacity of the principal."

         On September 11, 2012, Mona was admitted as a resident to Meadowview's facility in Louisville. She died testate on March 19, 2016. Mona's daughter, Monica Booker, qualified as Administratrix of Mona's Estate on June 8, 2016. Shortly thereafter, the Estate brought this action against New Meadowview asserting claims for negligence, medical negligence, corporate negligence, violations of the Long Term Resident's Rights Act, [1] and wrongful death. William asserted a separate claim for loss of consortium.

         In response to the complaint, Meadowview filed a motion to compel arbitration. Meadowview alleged that, upon Mona's admission in 2012, William signed a document styled "Alternative Dispute Resolution Agreement" (the Arbitration Agreement), which required arbitration of all claims and waived Mona's rights to a jury trial. However, Meadowview produced only the signature page of the Arbitration Agreement, stating that the rest of the ...


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