Georgia’s Court of Appeals affirms decision denying arbitration in nursing home case

Location: Georgia
Plaintiff: Emma Wingo
Defendants: Cartersville Heights Care and Rehabilitation Center

Description

The Georgia Court of Appeals refused to allow nursing home defendants to enforce an arbitration agreement signed during a nursing home resident’s admission process that designed the National Arbitration Forum (“NAF”) to be the arbitrator and that the arbitration be conducted under NAF’s Code of Procedure. The Georgia Court of Appeals explained that as a result of allegations of fraudulent conduct against NAF, NAF agreed to no longer administer consumer arbitrations. According to the Georgia Court of Appeals, since NAF was no longer available, the arbitration agreement was impossible to enforce and the case could proceed before the trial court. The case ultimately settled for a confidential sum.

Sunbridge Ret. Care Associates LLC v. Smith, 757 S.E.2d 157 (Ga. Ct. App. 2014).

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