Pine Hills Health & Rehabilitation, LLC v. Matthews
431 S.W.3d 910
Ark.2014Background
- Appellee sued for injuries to Owens from care at Pine Hills; ownership/name changed to Pine Hills in 2009; Matthews signed Arbitration Agreement as Responsible Party June 29, 2009; Pine Hills’ representative did not sign the Arbitration Agreement; Admission Agreement signed July 1, 2009 by Pine Hills representative; circuit court denied motion to compel arbitration; issue is mutual assent to arbitration and enforceability of the Arbitration Agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the Arbitration Agreement enforceable given lack of Pine Hills signature? | Matthews signed as Responsible Party; no Pine Hills signature. | Conduct and document language show Pine Hills assented. | Arbitration Agreement unenforceable for lack of mutual assent. |
Key Cases Cited
- Courtyard Gardens Health & Rehab., LLC v. Quarles, 2013 Ark. 228 (Ark. 2013) (questions enforceability of arbitration under Arkansas law)
- DIRECTV, Inc. v. Murray, 2012 Ark. 366 (Ark. 2012) (arbitration contracts; mutual assent standard)
- Parker v. Carter, 91 Ark. 162 (Ark. 1909) (written contract validity where one party signs)
- Ward v. Williams, 354 Ark. 168 (Ark. 2003) (objective test for mutual assent in contracts)
- DIRECTV, Inc. v. Murray, 2012 Ark. 366 (Ark. 2012) ((see above))