Stonerise Healthcare, LLC and Keyser Center, LLC v. Susan K. Oats

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Petitioners appeal the Circuit Court of Mineral County’s order denying their motion to dismiss the underlying personal injury and wrongful death action filed by Respondent, and compel arbitration. Respondent filed suit against Petitioners following the death of her mother while under the care of a nursing home facility. During the process of admitting her mother to the facility, Respondent signed an arbitration agreement. The circuit court found that the arbitration agreement signed by Respondent is both procedurally and substantively unconscionable and, therefore, unenforceable. Submitted on briefs