Louisville, KY – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) has secured a remarkable victory on behalf of a skilled nursing facility and affiliated entities by compelling arbitration in a high-stakes wrongful death lawsuit. The Plaintiff’s wide-ranging allegations spanning negligence, medical negligence, corporate negligence, and wrongful death were all successfully moved out of Court and into arbitration through a carefully executed defense strategy that prevailed on key legal arguments surrounding enforceability and scope.

Overview of the Case

The lawsuit arose from claims brought by the Plaintiff following the death of a resident at a skilled nursing facility. Plaintiff alleged that the facility and multiple affiliated entities were responsible for the resident’s death, asserting theories of negligence, medical negligence, corporate negligence, and wrongful death. Central to the case was an Arbitration Agreement electronically executed by the decedent during the facility’s admission process. Plaintiff sought to invalidate this agreement, claiming that the resident lacked the mental capacity to contract and that there was insufficient evidence to establish the authenticity of her electronic signature. Additionally, Plaintiff argued that even if the agreement were enforceable, it should apply only to the facility itself and not to the non-facility Defendants.

QPWB attorneys successfully countered these claims by emphasizing well-established Kentucky legal principles that presume all individuals possess the capacity to contract unless proven otherwise by clear and convincing evidence. The Court agreed that Plaintiff failed to meet this heightened evidentiary burden. Moreover, the defense argued, and the Court concurred, that Plaintiff’s own Complaint described the non-facility Defendants as integral to the operations of the facility, thereby precluding Plaintiff from later denying those connections in order to sidestep the Arbitration Agreement. The Court further found that the language of the agreement plainly extended to all Defendants, including affiliated non-facility entities. As a result, all claims were ordered to arbitration.

Key Difference-Makers

• Brandon Sword – Managing Partner
  
• Megan Buechler – Associate
  
• Whitley Lyons – Associate
  

Administrative Support:

• Candida Sandlin – Paralegal
  

Claims Made Against Our Client

• Negligence and medical negligence related to the resident’s care.
  
• Corporate negligence and wrongful death against all entities.

Plaintiff sought to nullify the Arbitration Agreement and pursue the case in open court, a tactic commonly met with sympathy in Kentucky courts.

Defense Strategy

QPWB attorneys mounted a thorough and effective defense rooted in Kentucky law, strategically addressing each of the Plaintiff’s challenges to arbitration. They emphasized that, under Kentucky law, all individuals are presumed competent to enter into contracts, and it is the burden of the challenger to rebut that presumption with clear and convincing evidence. The defense successfully argued that the Plaintiff’s evidence failed to meet this high standard, falling short of what was necessary to invalidate the Arbitration Agreement. Further strengthening their position, QPWB highlighted that the Plaintiff’s own Complaint expressly connected the non-facility Defendants to the operations of the facility, thereby precluding Plaintiff from reversing course to avoid arbitration. The defense also underscored that the plain language of the Arbitration Agreement unambiguously applied to all named Defendants, including affiliated entities beyond the facility itself. The Court agreed with each of QPWB’s arguments, concluding that the resident knowingly and competently signed the Arbitration Agreement and that it extended to all Defendants. Accordingly, the Court ruled that Plaintiff’s claims must proceed through arbitration rather than in court.

Unique Aspects of the Case

• Kentucky courts have historically resisted broad enforcement of arbitration agreements, especially when plaintiffs claim incapacity or third-party non-signatory status.
  
• QPWB’s legal team overcame this trend, setting a precedent for enforcement across all affiliated parties.
  

Impact on Final Outcome

This arbitration victory diverts the case away from trial, protecting QPWB’s clients from the uncertainty, expense, and reputational risk of courtroom litigation. It also reinforces the strength and enforceability of electronic arbitration agreements, even in complex multi-defendant healthcare disputes.

Predicting the Future

This outcome highlights QPWB’s ability to navigate evolving legal challenges in the long-term care sector. By combining deep legal research, airtight statutory interpretation, and persuasive courtroom advocacy, QPWB continues to deliver impactful results that shield healthcare providers from costly litigation. This is also the first time in recent history a long term case in Kentucky has been compelled into arbitration in its entirety. QPWB aims to continue to shape the litigation landscape and enforcement of arbitration agreements in the Commonwealth.

About QPWB

 Quintairos, Prieto, Wood & Boyer, P.A. is a leading national litigation law firm. With 49 offices across the country and over 100 practice areas, QPWB provides comprehensive litigation, regulatory, and corporate representation to clients across a wide range of industries.