Kindred Nursing Centers East, LLC, owns and operates Whitesburg Gardens, a long-term care and rehabilitation facility, in

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Kindred Nursing Centers East, LLC, owns and operates Whitesburg Gardens, a long-term care and rehabilitation facility, in Huntsville, Alabama. Lorene Jones was admitted to the facility following knee-replacement surgery. Jones's daughter, Yvonne Barbour, signed the admission forms required by Whitesburg Gardens as her mother's representative in her presence. Jones did not object. The forms included an "Alternative Dispute Resolution Agreement," which provided for binding arbitration in the event of a dispute between "the Resident" (Jones) and "the Facility" (Whitesburg Gardens). Six days later, Jones was transferred to a different facility. After recovering from the surgery, she filed a suit in an Alabama state court against Kindred, alleging substandard care on a claim of negligence. Can Jones be compelled to submit her claim to arbitration? Explain.

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The Legal Environment of Business Text and Cases

ISBN: 978-1305967304

10th edition

Authors: Frank B. Cross, Roger LeRoy Miller

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