Pine Hills Health & Rehabilitation, LLC v. Matthews

Summary

The Supreme Court of Arkansas affirmed the denial of a motion to compel arbitration in a wrongful-death and nursing-home-care action. The court held that the arbitration agreement was unenforceable because there was no objective evidence that Pine Hills manifested mutual assent, including no signature by a Pine Hills representative.

Holdings

1. The arbitration agreement was unenforceable because the record contained no objective evidence that Pine Hills manifested assent to its terms.
2. Pine Hills's preparation and retention of the documents, attempted enforcement of the arbitration agreement, and the language of the separate admission agreement did not establish objective manifestation of assent on the record presented.

Questions Presented

1. Whether the arbitration agreement was enforceable despite the absence of a signature by a Pine Hills representative.
2. Whether Pine Hills objectively manifested assent to the arbitration agreement through the agreement's language, its conduct, or the separate admission agreement.

Disposition

affirmed