In the Courts: PA High Court Declines to Hear Arbitration Case
March 28, 2014 | Aging Services Risk, Quality, & Safety Guidance
The Pennsylvania Supreme Court has declined to hear further appeal of a decision that held that an arbitration agreement was not binding on the heirs of a deceased nursing facility resident. The high court wrote no opinion explaining why it declined to hear the case, so the ruling of the appellate court stands.
On the resident’s admission, one of his daughters, who had power of attorney, signed an arbitration agreement on the resident’s behalf. After the resident’s death, one of his sons sued the nursing facility for wrongful death on behalf of himself and the resident’s estate. The trial court refused to compel arbitration, and the appellate court affirmed the ruling. As the appellate court explained, the fact that resident entered into a valid arbitration agreement was not in dispute. But although the agreement stated that all disputes, including wrongful death, would be arbitrated,...