The Illinois Appellate Court, Third District has affirmed a ruling by an Illinois circuit court judge denying the defendant nursing home’s motion to dismiss and to compel arbitration in an Illinois nursing home abuse lawsuit. That ruling opened the way for the plaintiff to pursue the lawsuit against the nursing home in the courtroom and with a jury to weigh the facts of the case, rather than a closed arbitration setting.
In August 2007, the plaintiff, Marilee Curto, signed an agreement with the defendant Pekin Manors, a residential nursing home, to admit and care for her husband, Charles Curto. The contract named Charles as the resident and Marilee as the “guardian/responsible party”. Marilee signed the form as the “legal representative”. Charles did not sign the document.
In a separate agreement, the nursing home asked Marilee, and she agreed to sign an arbitration agreement providing that “any and all disputes arising hereunder shall be submitted to binding arbitration and not to a court for determination.” In the arbitration agreement, the parties waived their rights to a jury trial.
In August 2009, Marilee filed a nursing home abuse complaint against Pekin Manors pursuant to the Illinois Nursing Home Care Act for Charles’ injuries that he suffered while he was a resident. The complaint also sought damages by Charles’ estate under the Illinois Wrongful Death Act and the Illinois Survival Act.