An Ohio Appellate Court has held that an arbitration agreement signed by the son of a resident at the time of the father’s admission to a nursing home did not justify compelled arbitration. Marcus Vickers signed an arbitration agreement when his father, Jack Johnson, was admitted to the Canal Pointe Nursing & Rehabilitation Center.
After Johnson’s death, his son, Marcus Vickers, filed suit against the nursing home for negligence and wrongful death. The lawsuit alleged survivorship as well as wrongful death claims.
The defendant nursing home filed a motion to stay the proceedings and compel arbitration. The trial judge granted the nursing home’s motion and Vickers appealed.