The decedent administrator sued Oakbrook Healthcare Centre, alleging negligence while the decedent resided in the skilled nursing facility. Oakbrook moved to compel mediation or arbitration with respect to the counts against it, relying on the arbitration provision within the contract signed by the decedent’s daughter and the nursing home.
The trial court denied Oakbrook’s motion to compel arbitration, finding the arbitration provision substantively unconscionable. Oakbrook then appealed.
The First District Court of Appeals affirmed on other grounds. The arbitration provision was unenforceable because the contract unequivocally provided it would terminate “immediately upon the resident’s death.”