Fosler v. Midwest Care Center II, Inc.

State: Illinois

Court: 2nd District Appellate

Docket No: 2-08-1005 Rel

Case Date: 03/01/2010

Preview:No. 2--08--1005 Filed: 5-8-09 Corrected: 3-1-10 _________________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT _________________________________________________________________________________ MARIE FOSLER, by Janice Saxton, Attorney-in-Fact, ) Appeal from the Circuit Court ) of Winnebago County. ) Plaintiff-Appellee, ) ) v. ) No. 08--L--148 ) MIDWEST CARE CENTER II, INC., ) d/b/a Fair Oaks Rehabilitation and Health ) Care Center, BRENNA KOLK, and ) TONYA NIELSEN, ) ) Defendants-Appellants ) Honorable ) Ronald L. Pirrello, (The People of the State of Illinois, Intervenor). ) Judge, Presiding. _________________________________________________________________________________ Modified Upon Denial of Rehearing JUSTICE BURKE delivered the opinion of the court: Plaintiff, Marie Fosler, filed a complaint against defendants, Midwest Care Center II, Inc., d/b/a Fair Oaks Rehabilitation and Health Care Center, Brenna Kolk, and Tonya Nielsen, for relief under the Nursing Home Care Act (210 ILCS 45/1--101 et seq. (West 2006)) and for negligence. Plaintiff alleges wrongful injuries suffered during her stay at defendants' long-term care facility, Fair Oaks Rehabilitation and Health Care Center (Fair Oaks). As part of the admission to Fair Oaks, plaintiff, through her daughter, Janice Saxton, entered into a written agreement. The agreement

No. 2--08--1005 contained a provision stating that any dispute arising from plaintiff's stay would be resolved through arbitration, as governed by the Federal Arbitration Act (FAA) (9 U.S.C.

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