LITTLE ROCK, Ark. (Legal Newsline) – The Arkansas Court of Appeals has upheld a circuit court ruling that denied a nursing home’s attempt to compel arbitration rather than proceed with a jury trial in a wrongful death lawsuit.
The estate of Emmer McCord sued Camden-Progressive Eldercare Services Inc., and several other defendants in May 2018, claiming she suffered falls, a bedsore, infections, malnutrition, severe pain and death. The suit alleged negligence and medical malpractice.
The nursing home tried to compel arbitration under an agreement signed by McCord’s guardian in August 2013.
However, on an arbitration checklist, the guardian checked “no” next to the statement, “Arbitration is an alternative to jury trials, and by signing the Agreement, the Resident is giving up the right to a jury trial.”
A circuit court judge in Camden-Progressive Eldercare Services Inc. v. Gloria Cooper denied the motion to compel arbitration, saying the checklist created “ambiguity” on the question. “The waiver of a jury trial is a significant waiver,” the judge wrote. “[W]aiver should not be taken lightly, and in looking at the totality of the matter, I find that arbitration should be denied.”
The nursing home appealed, claiming the checklist was simply a “a tool that they use to make sure they cover certain topics with the person before the arbitration agreement is signed.”
McCord’s estate, however, argued the nursing home included the checklist as part of the arbitration agreement and that the checklist, like other sections of the arbitration agreement, required the signature of the resident or legal guardian.
The Court of Appeals on March 18 agreed with the circuit judge’s decision to deny mandatory arbitration.
“We hold that Camden has failed to show that the circuit court erred in its interpretation of the law and therefore affirm the circuit court’s denial of the motion to compel arbitration,” the appeals court ruled.
Arkansas Court of Appeals case number CV-19-357