Day on Torts
I heard a rumor that the appeal in Hill v. NHC Healthcare/Nashville,LLC, M2005-01818-COA-R30-CV, (Tenn. Ct. App. April 30, 2008) (Rule 11 granted Aug. 25, 2008) has been dismissed.
This important opinion held that the defendant nursing home’s arbitration clause was unconscionable as a matter of law. The hope was that this case would give some guidance on the circumstances under which arbitration clauses could be upheld in nursing home contacts.
Does anyone know what happened to this case?
UPDATE 2/24/09 at 4:44 AM:
I received word from a reader that the Hill case settled in mediation. I have not posted the comment because the reader mentioned that he has a similar case that he intends to take up and I was not sure that he wanted his name (and therefore his case) revealed the world at this time.
I think Hill would have been affirmed. Any lawyer who has such a case is urged to build an appropriate record and seek appellate review. A lawyer”s duty to the client means that when the defendant finally gets the money right in a case like this the case has to be settled, but the valuation for settlement should not be discounted for risk of loss of the arbitration issue in a case with facts like Hill.