GERALD STIPANUK, M.D. APPELLANT
SONGELA WILLIAMS, INDIVIDUALLY AND AS THE SPECIAL ADMINISTRATOR OF THE ESTATE OF JOHNNIE MAE WILLIAMS, DECEASED APPELLEE
FROM THE MISSISSIPPI COUNTY CIRCUIT COURT, CHICKASAWBA
DISTRICT [NO. 47BCV-16-246] HONORABLE RICHARD LUSBY, JUDGE
Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.,
by: Ken Cook and Graham Talley, for appellant.
A. Couch, PLLC, by: David A. Couch, for appellee.
RAYMOND R. ABRAMSON, Judge
Gerald Stipanuk appeals from the Mississippi County Circuit
Court's order denying his motion to stay proceedings and
to compel arbitration. On appeal, Dr. Stipanuk argues that
the circuit court erred in denying his motion. We affirm.
Stipanuk, a medical doctor, is the medical director of
Heritage Square Nursing and Rehabilitation Center, Inc.
(Heritage Square). The medical-director agreement between Dr.
Stipanuk and Heritage Square provides in part:
2. Provider Services ..... Provider agrees to be
responsible for the peer review activities at the facility,
including the overall coordination of medical care for all
patients, not only those for whom Provider is the Attending
Physician. For purposes hereof, coordination of care means
Provider shares responsibility for assuring that the facility
is providing an appropriate level and quality of care for its
patients as required which involves monitoring and ensuring
implementation of patient care policies and providing
oversight and supervision of physician services and medical
care of patients.
. . . .
10. Independent Contractor. This agreement does not
constitute a hiring of Provider as an employee of the
facility. It is the parties' intention that Provider
shall be an independent contractor and not the facility's
employee . . . . This agreement shall not be construed as a
partnership, and facility shall not be liable for any
obligations incurred by Provider.
Mae Williams was a resident of Heritage Square, and her
daughter is Songela Williams. Johnnie Mae was admitted to
Heritage Square on June 5, 2015. When Johnnie Mae was
admitted, Songela executed an admission agreement and an
arbitration agreement with Heritage Square on behalf of
Johnnie Mae. The admission agreement provided in part:
. . . .
D. Obtaining physician services. The Facility agrees
to exercise due diligence to obtain services of the
Patient's personal physician when the Patient's
condition requires such medical attention. If the
Patient's personal physician is not available, the
Facility will exercise due diligence in attempting to ...