A skilled nursing provider’s missteps in presenting an arbitration agreement caused it to be unenforceable, a state appeals court ruled.
The Superior Court of New Jersey Appellate Division issued the ruling Wednesday against Kindred Hospital. The judgment allows former resident, John Ricciardi, to litigate personal injury claims against the provider, Bloomberg Law reported.
The court found that the arbitration agreement between the two parties was mixed with 12 other admission documents and employees didn’t explain the arrangement to Ricciardi, documents stated. He also wasn’t given a copy of the agreement.
Kindred sought to have Ricciardi’s complaint dismissed and compel arbitration. The court disagreed, stating the agreement “lacked the mutuality of assent necessary for it to be binding on both parties.”
Ricciardi alleges that Kindred’s facility and staff negligence caused him to develop multiple advanced stage pressure ulcers that resulted in pain, disability, loss of quality of life and medical expenses, according to court documents.
