Panel Vacates, Remands For Evidentiary Hearing In Nursing Home Arbitration Row

Mealey's ( December 23, 2022, 12:37 PM EST) -- CHICAGO — An Illinois appellate court on Dec. 22 vacated and remanded a lower court judgment denying a nursing home’s motion to dismiss in a negligence and Nursing Home Care Act violations suit filed against it by a woman injured at the nursing home, finding that because the woman’s expert witness opined about her inability to understand the arbitration agreement she signed, this raised questions of fact that the court should have addressed by conducting an evidentiary hearing....

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