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Thursday, November 21, 2024

Estate executor seeks declaration that arbitration agreement doesn't exist

Medical malpractice 02

HUNTINGTON – An estate executor is seeking to file a suit against a Cabell County skilled nursing facility.

Steven Swann, on behalf of the estate of Stanford Swann, filed a complaint Oct. 19 in Cabell Circuit Court against Canyon Sudar Partners LLC, SVCare Holdings LLC, Sava Senior Care LLC, et al. seeking declaratory relief.

According to the complaint, Stanford Swann suffered personal injuries and damages while he was a resident at Huntington Health & Rehabilitation Center in Cabell County between November 2013 and April 2017. The suit states Stanford Swann suffered physical and mental pain, disfigurement and deterioration of health and physical condition. 

The plaintiff alleges that he believes the defendants will seek to enforce an arbitration agreement that his decedent signed upon admission to the defendants' facility.

The plaintiff seeks an order declaring that no valid agreement to arbitrate exists in this matter and plaintiff may bring an action for the alleged injuries suffered by Stanford Swann and such other relief as the court may deem just and proper. He is represented by James B. McHugh, Michael J. Fuller Jr. and D. Bryant Chaffin of McHugh Fuller Law Group PLLC in Hattiesburg, Mississippi. The case has been assigned to Circuit Judge Gregory L. Howard Jr.

Cabell Circuit Court case number 17-L-590

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