GGNSC Tylertown, LLC v. Dillon ex rel. Hargrove
87 So. 3d 1063
Miss. Ct. App.2011Background
- Dillon, a resident of Tylertown, Mississippi since 2003, alleges care deficiencies at Golden Living Center-Tylertown.
- Dillon executed a general durable power of attorney appointing Arverta Hargrove to act for her, including entering into care agreements and paying bills.
- On May 21, 2009, Hargrove executed an admission agreement and an arbitration clause with Tylertown as part of Dillon’s admission documents.
- Dillon, through Hargrove, filed suit October 2, 2009 alleging injuries from deficient care.
- Tylertown moved to compel arbitration; Dillon argued lack of consideration and lack of voluntariness, and that the agreement applied only to post-May 21, 2009 claims.
- The circuit court held the arbitration agreement valid for post-May 21, 2009 claims but lacking consideration for pre-May 21, 2009 claims, and thus denied arbitration for pre-claims while granting for post-claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arbitration agreement is enforceable for all claims | Dillon contends the agreement lacks consideration for pre-May 21, 2009 claims and may not have been voluntary. | Tylertown argues the agreement is valid and covers claims accruing after May 21, 2009. | Arbitration unenforceable for all claims; forum unavailable under NAF rules. |
Key Cases Cited
- Covenant Health & Rehab., of Picayune, LP v. Estate of Moulds ex rel. Braddock, 14 So.3d 695 (Miss.2009) ((NAF/ AHLA rules; post-dispute/post-injury arbitrations; forum availability affect enforceability))
- Magnolia Healthcare, Inc. v. Barnes ex rel. Ghigsby, 994 So.2d 159 (Miss.2008) ((AHLA rule requiring post-dispute agreement; injuries after policy change affect enforceability))
- B.C. Rogers Poultry, Inc. v. Wedgeworth, 911 So.2d 483 (Miss.2005) ((arbitration requires existing agreement to submit dispute to arbitration))
- East Ford, Inc. v. Taylor, 826 So.2d 709 (Miss.2002) ((two-prong test: existence and scope of arbitration agreement; de novo review))
- AT&T Techs., Inc. v. CWA, 475 U.S. 643 (U.S. Supreme Court 1986) ((arbitration is a matter of contract; cannot compel arbitration absent agreement))