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
MONICA L. BOOKER, AS ADMINISTRATRIX OF THE ESTATE OF MONA HARDIN; AND WILLIAM HARDIN, INDIVIDUALLY APPELLEES
FROM JEFFERSON CIRCUIT COURT HONORABLE JUDITH E.
MCDONALD-BURKMAN, JUDGE ACTION NO. 16-CI-002764
FOR APPELLANT: William K. Oldham Jennifer M. Barbour Vanna R.
Milligan Louisville, Kentucky
FOR APPELLEE: Jennifer A. Moore Abigale Rhodes Green Emily A.
DeVuono Louisville, Kentucky
BEFORE: KRAMER, CHIEF JUDGE; JOHNSON AND MAZE, JUDGES.
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
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."
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
further provided that "[t]his Durable Power of Attorney
shall become effective upon the disability or incapacity of
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,  and wrongful death. William
asserted a separate claim for loss of consortium.
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 ...