Cantie v. Hillside Plaza
2014 Ohio 822
Ohio Ct. App.2014Background
- Cantie estate sues Hillside Plaza and related entities for negligence causing death of James Cantie in a Hillside nursing home.
- Admission agreement signed by Cantie’s son upon admission included an arbitration provision on page nine.
- James Cantie died on October 6, 2011; estate filed complaint September 20, 2012.
- Appellants moved to dismiss; trial court denied; appellants initially did not raise arbitration as a defense in their answer, later amended to assert arbitration.
- Case management and discovery proceeded; appellants sought dismissal or stay/arbitration later, which the trial court denied on April 11, 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of arbitration exists | Estate argues arbitration waived due to litigation participation by Hillside. | Appellants contend no waiver; arbitration should proceed. | Waiver affirmed; arbitration waived due to litigation actions |
| Whether the denial of a motion to stay and compel arbitration is a final appealable order | Estate contends order is final and appealable. | Appellants contend it is not final. | Final appealable order; appeal permitted |
| Whether the arbitration provision is unconscionable | Estate argues issues of procedural/substantive unconscionability bar enforcement. | Appellants contend provision is enforceable irrespective of unconscionability. | Irrelevant due to waiver; not reached on merits |
| Whether arbitration applies to all claims including wrongful death | Estate asserts all claims fall under arbitration per Marmet framework. | Appellants rely on arbitration clause's scope. | Not reached due to waiver; not dispositive |
Key Cases Cited
- Thornton v. Haggins, 8th Dist. Cuyahoga No. 83055 (2003-Ohio-7078) (waiver of arbitration considered via totality of circumstances)
- Hogan v. Cincinnati Fin. Corp., 11th Dist. Trumbull No. 2003-T-0034 (2004-Ohio-3331) (arbitration waiver factors)
- Skerlec v. Ganley Chevrolet, Inc., 8th Dist. Cuyahoga No. 98247 (2012-Ohio-5748) (waiver analysis in arbitration context)
- Hausser & Taylor v. Accelerated Sys. Integration, Inc., 8th Dist. Cuyahoga No. 84748 (2005-Ohio-1017) (waiver and arbitration considerations)
- U.S. Bank v. Wilkens, 8th Dist. Cuyahoga No. 93088 (2010-Ohio-262) (discovery and arbitration timing affecting waiver)
- Natl. City Commercial Capital Corp. v. AAAA At Your Serv., Inc., 114 Ohio St.3d 82 (2007-Ohio-2942) (finality/appealability considerations in arbitration context)