Question
Agent's Authority. Kindred Nursing Centers East, LLC, owns and operates Whitesburg Gardens, a long-term care and rehabilitation facility, in Huntsville, Alabama. Lorene Jones was admitted
Agent's Authority. 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 admis- sion forms required by Whitesburg Gardens as her mother's representative in her presence. Jones did not object. The forms included an "Alternative Dispute Resolution Agree- ment," 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, alleg- ing substandard care on a claim of negligence. Can Jones be compelled to submit her claim to arbitration? Explain.
textbook:
Cross, F. B., & Miller, R. L. (2021). The legal environment of business: Text and cases (11thed.).Boston, MA: Cengage. (ISBN 978-0-357-12976-0)
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