Sherwood Nursing & Rehabilitation Center, Inc.; Central Nursing Centers, Inc.; Nursing Consultants, Inc.; And Michael Morton v. Dana Witkowski, as Personal Representative of the Estate of Alma Gennings, and on Behalf of the Wrongful Death Beneficiaries of Alma Gennings

── Sherwood Nursing & Rehabilitation Center, Inc.; Central Nursing Centers, Inc.; Nursing Consultants, Inc.; And Michael Morton v. Dana Witkowski, as Personal Representative of the Estate of Alma Gennings, and on Behalf of the Wrongful Death Beneficiaries of Alma Gennings ── Court: Court of Appeals of Arkansas Date: April 15, 2026 Category: General Cite as 2026 Ark. App. 236 ARKANSAS COURT OF APPEALS DIVISION I No. CV-25-258 Opinion Delivered April 15, 2026 SHERWOOD NURSING & REHABILITATION CENTER, INC.; APPEAL FROM THE PULASKI CENTRAL NURSING CENTERS, INC.; COUNTY CIRCUIT COURT, SIXTH NURSING CONSULTANTS, INC.; AND DIVISION MICHAEL MORTON [NO. 60CV-24-9368] APPELLANTS HONORABLE TIMOTHY DAVIS FOX, JUDGE V. DANA WITKOWSKI, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ALMA GENNINGS, AND ON BEHALF OF THE WRONGFUL DEATH BENEFICIARIES OF ALMA GENNINGS APPELLEE REVERSED AND REMANDED KENNETH S. HIXSON, Judge Appellants Sherwood Nursing & Rehabilitation Center, Inc.; Central Arkansas Nursing Centers, Inc.; Nursing Consultants, Inc.; and Michael Morton (collectively appellants or Sherwood) appeal from the Pulaski County Circuit Court’s order denying their motion to compel arbitration in favor of appellee Dana Witkowski, as personal representative of the estate of Alma Gennings, and on behalf of the wrongful death beneficiaries of Alma Gennings (appellee or Ms. Witkowski). On appeal, appellants generally contend that the circuit court erred in denying their motion to compel arbitration. We reverse and remand. I. Relevant Facts On June 29, 2023, Alma Gennings was admitted to Sherwood Nursing & Rehabilitation Center. She did not sign any of the admission documents; instead, her daughter and attorney-in-fact, Ms. Witkowski, signed the documents necessary for Ms. Gennings’s admission on June 28, 2023. Section 6 of the admission agreement included an arbitration agreement, and a separate signature section was included for the arbitration agreement. Section 6 stated the following in pertinent part: EXECUTION OF THIS AGREEMENT BY THE RESIDENT OR THE RESIDENT’S RESPONSIBLE PARTY IS NOT A CONDITION OF ADMISSION TO, OR A REQUIREMENT TO CONTINUE RECEIVING CARE AT, THIS FACILITY. THE RESIDENT OR THE RESIDENT’S RESPONSIBLE PARTY HAS THE RIGHT TO REFUSE TO SIGN THIS AGREEMENT AND THE RESIDENT WILL STILL BE ADMITTED TO, OR CONTINUE RECEIVING CARE AT, THIS FACILITY. This Arbitration Agreement (the “Agreement”) is hereby entered between Sherwood Nursing & Rehab (the “Facility”) and Dana Witkowski (the undersigned “Resident” or the Resident’s “Responsible Party”), in conjunction with the Admission Agreement and operates as part thereof. The “Responsible Party” is the Resident’s legal guardian, if one has been appointed, or the Resident’s attorney-in- fact, if the Resident has executed a power of attorney. If the Resident does not have an appointed guardian, and has not execute a power of attorney, the “Responsible Party” is another individual or family member who agrees to assist the Facility in providing for the Resident’s health, care and maintenance. The Responsible Party is acting on behalf of the Resident and binding the Resident to the terms of the Arbitration Agreement. . . . .... 2  THE PARTIES UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, THEY ARE GIVING UP AND WAIVING THEIR CONSTITUTIONAL RIGHT TO HAVE THEIR DISPUTES DECIDED IN A COURT OF LAW BEFORE A JUDGE AND A JURY, AND ARE INSTEAD ACCEPTING THE USE OF ARBITRATION. By signing below, I acknowledge that I have read and understand the terms of this Arbitration Agreement, included as Section 6 of the Admission Agreement,