Illinois Panel Affirms Court Reliance On Late Affidavit In Nursing Home Lawsuit

Mealey's (January 8, 2020, 1:53 PM EST) -- CHICAGO — An Illinois appellate panel on Dec. 16 affirmed a lower court that denied a motion to compel arbitration of Survival Act claims against a nursing home after it allowed the plaintiff to submit a new affidavit from an expert witness indicating that an elderly resident was not competent to sign an arbitration agreement (Michael A. Rigoli v. Manor Care of Oak Lawn [West] IL, LLC, No.19-1635, Ill. App., 1st Dist., 2019 Ill. App. LEXIS 969)....

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