AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves a wrongful death and negligence suit filed by Kathleen Webb, the personal representative of Jacolin Blackburn's estate, against Five Star Montebello, LLC, an assisted living facility. Blackburn was admitted to the facility twice, with two separate arbitration agreements signed: the first by Blackburn's daughter on her behalf in December 2017, and the second by Blackburn herself upon re-admission in January 2018. The agreements contained conflicting provisions. The suit was filed after Blackburn received care deemed negligent at the facility, leading to her death.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff-Appellee: Argued that the arbitration agreements were unenforceable due to their conflicting provisions and raised issues regarding the daughter's authority to sign the first agreement and Blackburn's capacity to sign the second.
• Defendant-Appellant: Contended that the arbitration agreements were enforceable, asserting that the daughter had the authority to sign the first agreement and that Blackburn had the capacity to sign the second agreement.

Legal Issues

• Whether the arbitration agreements signed in connection with Jacolin Blackburn's admissions to the assisted living facility are enforceable.
• Whether Blackburn's daughter had the authority to sign the arbitration agreement on her behalf.
• Whether Blackburn had the capacity to sign the arbitration agreement upon her re-admission.

Disposition

• The district court's denial of the Defendant's motion to compel arbitration was affirmed.

Reasons

• The Court of Appeals, per Judge Kristina Bogardus, with Judges Megan P. Duffy and Jane B. Yohalem concurring, found that the arbitration agreements were unenforceable. The court determined there were genuine issues of material fact regarding the daughter's authority to sign the December Agreement on Blackburn's behalf and Blackburn's capacity to sign the January Agreement. The court did not address the Defendant's claim that the terms of the arbitration agreements were clear and unambiguous or the Plaintiff's contention that the agreements were unconscionable, as the issues of capacity and authority precluded enforcement of the arbitration agreement (paras 4-5, 7-24).