HOUSTON - A nurse who was injured lifting a “very heavy” patient won’t have to arbitrate her claim against CHG Hospital Bellaire, as the First Court of Appeals recently affirmed a ruling denying the health provider’s motion to compel arbitration.
In August 2019, Seketa Johnson sued CHG-Bellaire, claiming she and her trainer had to physically lift and adjust a “very heavy” patient on the bed because the hospital did not have the equipment ordinarily used to move patients.
Court records show CHG-Bellaire moved to compel arbitration, which the trial court denied.
On appeal, CHG-Bellaire argued that the trial court erred in denying its motion because the parties entered into an enforceable arbitration agreement and Johnson’s claims fell within the scope of claims covered by the agreement.
On April 20, the First Court determined CHG-Bellaire failed to carry its burden of establishing a valid, enforceable arbitration agreement – affirming the trial court’s ruling.
Case No. 01-20-00437-CV