Law Offices of David J. Hoey, PC

Pivotal Case in Arbitration Clause: Barrow v. Dartmouth House Nursing Home, Inc.

July 18, 2016

The son of a woman killed in a South Dartmouth nursing home brought a wrongful-death action against the nursing home, the owner of nursing home, and the nursing home's employees, asserting that defendants failed to address violent propensities of his mother’s roommate, who killed his mother. Due to an arbitration clause in his mother’s contract with the nursing home, he was barred from suing the nursing home for wrongful death.

However, in a pivotal case, the son and his attorney David Hoey were able to convince the appeals court that the arbitration clause in his mother’s contract with the nursing home was invalid.

Link to the Appeals Court’s decision.