Arbitration--no interstate commerce
DETRA L. BRUNER, as next of kin of LEOLA BRUNER (DEPP), deceased,
Appellee, v. TIMBERLANE MANOR LIMITED PARTNERSHIP, and its successor
in interest, TIMBERLANE MANOR LIMITED LIABILITY COMPANY, d/b/a
GRACE LIVING CENTER, Appellants.
No. 103,028
SUPREME COURT OF OKLAHOMA
2006 OK 90; 2006 Okla. LEXIS 94
December 12, 2006, Decided
Detra L. Bruner filed suit against Grace Living Center, alleging that her mother's death was caused by the nursing home's negligent care. Grace Living Center filed a motion to dismiss or in the alternative to compel arbitration and stay the proceedings. The district court found that the nursing home care did not involve interstate commerce; the federal arbitration statutes are not applicable to the nursing home admission agreement; and, the binding arbitration provision in the nursing home admission form is unenforceable under § 1-1939(D) and (E) of the Oklahoma Nursing Home Care Act, 63 O.S.2001, §§
1-1901, et seq. The district court denied the motion to dismiss or in the alternative to compel arbitration. Grace Living Center appealed. This Court retained the appeal. Affirmed
