Christa Lambert Karr v. Saint Thomas Midtown Hospital
Syllabus
This appeal concerns the dismissal of a health care liability action against Saint Thomas Midtown Hospital, Saint Thomas Health, and Ascension Health. The trial court dismissed the complaint with prejudice on the ground the statute of limitation, through the application of the discovery rule, barred all of the claims. The plaintiffs appealed. We affirm.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that “the essential terms of the contract for the [] claim Ms. Lowe raises” were contained in arbitration-requiring Purchase Agreement
- finding that a purchase agreement incorporated by reference a separate, agreement to arbitrate: “If you have executed an Arbitration Agreement in conjunction with this Agreement such Arbitration Agreement shall be incorporated herein by reference and made a part of this Agreement.”
- upholding arbitration agreement in Purchase Agreement where executed with other purchase documentation contemporaneously
- “[I]f the parties execute two separate contracts and only one contract contains an arbitration clause, the parties cannot be compelled to arbitrate disputes arising from the contract that does not call for arbitration.”
- “[I]f the parties execute two separate contracts and only one contract contains an arbitration clause, the parties cannot be compelled to arbitrate disputes arising from the contract that does not call for arbitration.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Presiding Judge Frank G. Clement, Jr.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.