In the case, the SSC Selma Operating Company and Bernard Turk, the manager of Warren Manor, appealed against a judgment from the Dallas Circuit Court. The court denied their joint motion to compel arbitration in a medical malpractice and wrongful death claims against them. Ethel Gordon, the plaintiff, had alleged this arbitration agreement at the time her late husband was admitted to Warren Manor.
This case is noted as the second opinion given by the Supreme Court. In the first instance, the court instructed a trial to be held to determine if a valid arbitration agreement existed between Gordon and SSC.
Gordon later requested the court to bar the defendant from introducing any photocopy of the signed arbitration agreement, because of questions raised about the authenticity of the original. The trial court granted this request.
The Warren Manor defendants later filed another motion to compel arbitration but were denied by the court. The court affirmed the judgment, stating a trial was to be held to determine whether the alleged arbitration agreement exists.
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