|
The Ohio Court of Appeals held that a nursing home’s arbitration agreement was not procedurally unconscionable because the agreement clearly stated that it was optional and not a condition of admission.
In Hanson v. Valley View Nursing & Rehabilitation Center, No. 23001, 2006 WL 2060575 (Ohio Ct. App. July 26, 2006), Hanson brought a medical malpractice action against Valley View, where his mother had been a resident. Valley View moved to compel arbitration pursuant to an arbitration agreement that Hanson signed on behalf of his mother. The trial court granted the motion.
On appeal, Hanson argued that the arbitration clause was unconscionable and therefore unenforceable. In rejecting this argument, the Court found that Hanson failed to prove the agreement was procedurally unconscionable.
As the Court noted, the arbitration agreement was separate from the admission agreement and not a condition of admission. Accordingly, Hanson had the option of rejecting the arbitration agreement. In fact, Hanson’s mother was admitted to Valley View before he signed the agreement.
In rejecting Hanson’s argument that the agreement was unconscionable because he was not represented by an attorney, the Court noted that Ohio law does not require the presence of an attorney for the formation of a valid contract. The Court further noted Hanson was an experienced businessman with the ability to understand contracts more complex than the arbitration agreement.
Subscribe to a free weekly update on ADR case law and
legislation
|