McLean v. Cary Senior Living, LLC

Plaintiff as the independent executor of the estate of his deceased mother filed a lawsuit against multiple defendants in connection with the decedent’s medical care and death. The trial court denied defendants’ motion to dismiss the complaint on the basis that the parties agreed to arbitration and defendants appealed. The appellate court reversed and remanded, finding that the defendants satisfied their burden of showing that an affirmative matter barred plaintiff's claim but also instructed the trial court to rule on whether the arbitration provision was unconscionable prior to dismissing the claim pursuant to the arbitration agreement. (HUTCHINSON and MULLEN, concurring)