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Tag Archives: Nursing Home

Against the odds, nursing-home claim is rebuffed   (access required)

Trial attorneys relish a challenge. Whether it’s the sympathetic plaintiff, the unpopular client, the witness with a past, or the formidable adversary, challenges present opportunities to explore new theories, adopt different strategies and polish skills. And overcoming them makes a win all the sweeter. Rarely, though, do multiple challenges come packaged in a single case. For Raleigh, N.C., lawyer Mike Hurley (pictured on right), that case arrived just before Thanksgiving last year, when he took over the defense of a wrongful death action against Britthaven Nursing Home in Chapel Hill, N.C., scheduled for trial in just six months.

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Arbitration – Valid Agreement – Nursing Home – Resident’s Contract (access required)

THI of South Carolina at Columbia, LLC v. Wiggins Even though the now-deceased nursing home resident did not sign the contract with the nursing home, the contract was signed on the resident’s behalf by an immediate relative, and the resident’s care was the essential purpose of the contract. Thus, the resident was an intended third-party beneficiary of the contract, the resident was bound by the contract’s arbitration provision, and the arbitration provision remains binding on his estate.

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