Pine Tree Villa, L.L.C v. Olson (2009 WL 723034)
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Case: Pine Tree Villa, L.L.C v. Olson (2009 WL 723034) Parties: Plaintiff (Appellee) - Olson - Defendant (Appellant) - Pine Tree Villa, L.L.C. Court: Court of Appeals of Kentucky (2009).
Procedural History
On September 13, 2006, plaintiff filed a claim for negligence associated with the care provided to her by the Pine Tree Villa. A year later, Pine Tree Villa moved to trial court to enforce the Alternative Dispute Resolution (ADR) clause that plaintiff signed on her intake paperwork. The trial court denied Pine Tree’s motion.
Summary of Facts
Cara Olson was a resident of Pine Tree Villa, a nursing home, beginning in August, 2005. Olson suffered from Multiple Sclerosis and was hospitalized in February, 2006. When Olson returned to Pine Tree Villa she had to be readmitted. Since there was new ownership of the nursing home, Olson had to fill out paperwork that differed from what she filled out when she arrived in 2005.
The new paperwork included an ADR clause which stated that any dispute between Olson and Pine Tree Villa would be handled through arbitration rather than through the courts. Olson contends that she was unaware of the ADR clause and that no one from Pine Tree Villa explained it to her.
On September 13, 2006, Olson filed a negligence claim against Pine Tree Villa. A year later, and after litigation had already begun, Pine Tree Villa attempted to assert the ADR clause.
Outcome at Trial
The trial court held that Pine Tree Villa had waived the right to ADR by failing to make its demand in a timely manner.
Issues on Appeal
By waiting a year to demand ADR, did Pine Tree Villa waive their right to assert their right?
Supreme Court Holdings
Yes.
Relevant Application of Law
Participation in a judicial proceeding may act as a waiver of arbitration but only if the party seeking such an avenue of resolution so participates without requesting arbitration…for the mere filing of pleadings does not cause of waiver of a contractual arbitration provision.”
ABOUT THE AUTHOR: Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the rights of the injured has resulted in millions of dollars recovered on behalf of his clients. Jonathan’s successful representation of nursing home victims has resulted in many speaking engagements to elder groups.
Jonathan is dedicated to improving the quality of life for nursing home residents who have been victims of abuse, neglect or fraud. By holding nursing homes and long-term care facilities responsible for poor care accountable, the quality of care will improve for their residents. As a result of Jonathan’s prosecution of nursing home cases, nursing homes have implemented changes in their resident care policies and have dismissed unfit employees.
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More information about Rosenfeld Injury Lawyers
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
On September 13, 2006, plaintiff filed a claim for negligence associated with the care provided to her by the Pine Tree Villa. A year later, Pine Tree Villa moved to trial court to enforce the Alternative Dispute Resolution (ADR) clause that plaintiff signed on her intake paperwork. The trial court denied Pine Tree’s motion.
Summary of Facts
Cara Olson was a resident of Pine Tree Villa, a nursing home, beginning in August, 2005. Olson suffered from Multiple Sclerosis and was hospitalized in February, 2006. When Olson returned to Pine Tree Villa she had to be readmitted. Since there was new ownership of the nursing home, Olson had to fill out paperwork that differed from what she filled out when she arrived in 2005.
The new paperwork included an ADR clause which stated that any dispute between Olson and Pine Tree Villa would be handled through arbitration rather than through the courts. Olson contends that she was unaware of the ADR clause and that no one from Pine Tree Villa explained it to her.
On September 13, 2006, Olson filed a negligence claim against Pine Tree Villa. A year later, and after litigation had already begun, Pine Tree Villa attempted to assert the ADR clause.
Outcome at Trial
The trial court held that Pine Tree Villa had waived the right to ADR by failing to make its demand in a timely manner.
Issues on Appeal
By waiting a year to demand ADR, did Pine Tree Villa waive their right to assert their right?
Supreme Court Holdings
Yes.
Relevant Application of Law
Participation in a judicial proceeding may act as a waiver of arbitration but only if the party seeking such an avenue of resolution so participates without requesting arbitration…for the mere filing of pleadings does not cause of waiver of a contractual arbitration provision.”
ABOUT THE AUTHOR: Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the rights of the injured has resulted in millions of dollars recovered on behalf of his clients. Jonathan’s successful representation of nursing home victims has resulted in many speaking engagements to elder groups.
Jonathan is dedicated to improving the quality of life for nursing home residents who have been victims of abuse, neglect or fraud. By holding nursing homes and long-term care facilities responsible for poor care accountable, the quality of care will improve for their residents. As a result of Jonathan’s prosecution of nursing home cases, nursing homes have implemented changes in their resident care policies and have dismissed unfit employees.
Copyright Rosenfeld Injury Lawyers - Google+
More information about Rosenfeld Injury Lawyers
View all articles published by Rosenfeld Injury Lawyers
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
