Ramsey v. Aurora Healthcare, Inc., et al.Annotate this Case
Defendants Aurora Healthcare, Inc., and Aurora Cares, LLC, d/b/a Tara Cares (referred to collectively as "Aurora"), and Birmingham Nursing and Rehabilitation Center East, LLC ("Birmingham East") appealed a circuit court denial of their motion to compel arbitration of an action filed against them by Sharon Ramsey, as administratrix of the estate of her mother, Mary Pettway, deceased. Ramsey cross-appealed the decision denying her motion for a partial summary judgment concerning the validity of the subject arbitration agreement. In 2003, Mary Pettway, then 75 years old, was discharged from the hospital at the University of Alabama at Birmingham ("UAB Hospital"). On the same day, Pettway was admitted to a nursing home owned and operated by the defendants. During Pettway's admission to the nursing home, Ramsey met with Faye Linard, an administrative assistant, who presented Ramsey with an admissions agreement that included several documents, including a "Resident and Facility Arbitration Agreement." Ramsey refused to sign the arbitration agreement; signing it was not a prerequisite to Pettway's admission to the nursing home. Pettway developed an infection, and, as a result, she was returned to UAB Hospital. Pettway was readmitted to the nursing home a few days later. Ramsey stated in an affidavit that late in the evening on November 26, 2003, she received a telephone call from the admissions office at the nursing home and was asked to return to the nursing home because "there were some documents that I had not signed the first time my mother was admitted and I needed to come in to sign them." An arbitration agreement containing a signature with the name "Sharon Ramsey" dated November 26, 2003, appeared in the record. Ramsey contended the signature was not authentic, and she asserted that, even if it was genuine, the signature was obtained by misrepresentation. After her appointment as administratrix of Pettway's estate, Ramsey filed a complaint against defendants alleging a variety of statutory and common-law claims allegedly arising from Pettway's death, including a wrongful-death claim. Defendants sought to compel arbitration. The Alabama Supreme Court discerned the parties' appeal and cross-appeal were premature because they sought review of a nonfinal judgment. As such, the Supreme Court dismissed the appeals.