Palmetto Prince George Operating LLC v. NLRB (Lawyers Weekly No. 001-154-16, 17 pp.) (Motz, J.) No. 15-2143, Nov. 1, 2016; On Petition for Review; 4th Cir. Holding: Substantial evidence supports the National Labor Relations Board’s finding that a group of ...

Tagged with: Nursing Home

A state-run nursing home in Columbia has agreed to pay the family of Lonnie Martin $250,000 to settle a lawsuit alleging that medical officials were negligent in their treatment of the former resident, ultimately resulting in Martin’s death. Martin, 87, ...

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Thompson v. Pruitt Corp. (Lawyers Weekly No. 011-021-16, 16 pp.) (John Geathers, J.) Appealed from York County Circuit Court (S. Jackson Kimball III, J.) S.C. App. Holding: The estate of a nursing home resident is not bound by the signature ...

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A Columbia nursing home has agreed to pay $315,000 to the estate of a man who died after falling off his shower bed while being bathed, breaking several bones in his face and neck. James Lewis, who was in his ...

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Based on a U.S. Supreme Court ruling, the state’s Supreme Court recently overruled one of its prior decisions and held that nursing home residency agreements do, in fact, implicate interstate commerce and the Federal Arbitration Act. The ruling, filed on ...

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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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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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