Linda Johnson, as Personal Representative of the Estate of Inez Roberts, Petitioner v. Heritage Healthcare Of…

Summary

The South Carolina Supreme Court reversed the Court of Appeals and held that Heritage Healthcare of Estill waived its right to enforce the arbitration agreement because it delayed filing a motion to compel arbitration, causing prejudice to the plaintiff. The Court affirmed that waiver requires a showing of prejudice from an undue delay, and applied a de novo standard of review. Justice Pleicons dissented, arguing the record did not support a finding of waiver and that the writ should be dismissed as improvidently granted.