In Gessa, a nursing home resident challenged her agreement with the nursing home which compelled arbitration, capped noneconomic damages at $250,000, and waived punitive damages. The Florida Justice Reform Institute and the Florida Medical Association appeared as amici in support of the nursing home, and argued that public policy favors both arbitration and the limitation of remedies through arbitration agreements as a more effective and less costly means of dispute resolution. Despite the strong public policy in favor of arbitration, the Florida Supreme Court found that the limitation of liability provisions were unconscionable, holding that any arbitration agreement that diminishes the statutory remedies afforded to a nursing home resident is unenforceable as against public policy.
FJRI represented by Cynthia S. Tunnicliff and Ashley P. Mayer of Pennington, Moore, Wilkinson, Bell, and Dunbar, P.A.