Plaintiff filed 2nd amended complaint alleging violations of Nursing Home Care Act and common-law negligence. Court denied Defendants' motion to compel arbitration. As Plaintiff denied the existence of a valid arbitration agreement (stating that she lacked authority to sign the agreement on behalf of patient), Section 2(a) of Uniform Arbitration Act contemplates a summary proceeding in which court substantively disposes of the issues presented. Order reversed and remanded with instructions to proceed summarily per Section 2(a), and to render disposition resolving factual or legal issues raised and determining validity of agreement. Court's denial of Defendant's section 2-619(a)(5) motion to dismiss on statute of limitations ground , finding that a question of fact existed as to whether patient was under a legal disability, was not injunctive in nature and thus is not appealable under Rule 307. (DELORT and HOFFMAN, concurring.)
Illinois Appellate Court
Civil Court
Nursing Home Care Act