Andreyko ex rel. Estate of Andreyko v. Sunrise Senior Living, Inc.
993 F. Supp. 2d 475
D.N.J.2014Background
- Paulina Andreyko, a dementia patient, resided at Sunrise of Edgewater from ~March 2005 until her death on June 25, 2010; the facility is operated by Sunrise Senior Living, Inc. (SSLI) and Sunrise Management, LLC via Sunrise of Edgewater LLC.
- Helena Andrey-ko, administratrix of Paulina’s estate, filed suit alleging beating, mistreatment, and neglect at Sunrise and seeking damages under contract and NHRRRA theories.
- Plaintiff alleges Sunrise breached the Resident Agreement by failing to provide basic/Assisted Living Plus care and violated NHRRRA rights.
- Defendants removed the case to federal court in 2012 and moved to dismiss breach-of-contract and NHRRRA claims; the court granted in part and denied in part, then granted reconsideration based on statute-of-limitations issues.
- The court initially concluded the breach-of-contract claim was time-barred as personal injury under N.J.S.A. 2A:14-2 and that the NHRRRA applied to assisted living; on reconsideration, it dismissed the NHRRRA claim as time-barred and held assisted living facilities are not covered by NHRRRA outside arbitration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the NHRRRA claims are barred by a statutory limitations period | Plaintiff contends NHRRRA claims may have six-year limits under 2A:14-1 | Defendants argue all claims are subject to a two-year personal injury limit under 2A:14-2 | Two-year limit applies; NHRRRA claim dismissed as time-barred |
| Whether assisted living facilities fall within NHRRRA coverage | Ruszala supports broad NHRRRA reach to assisted living; no separate liability scheme implied | Legislature treated nursing homes and assisted living separately; NHRRRA rights for ALFs not enforceable absent express provision | ALFs not within NHRRRA liability outside arbitration; dismiss count two as matter of law |
| Whether NHRRRA rights for ALFs can survive arbitration clause considerations | Rights for ALFs should be enforceable under NHRRRA like nursing homes | Arbitration provisions void only for waiving rights, but overall rights context differs; no enforceable ALF-liability under NHRRRA | Arbitration context rules apply; no enforceable NHRRRA claim for ALFs outside arbitration; count two dismissed |
Key Cases Cited
- Ruszala, Estate of Anna v. Brookdale Living Communities, Inc., 415 N.J. Super. 272 (N.J. Super. App. Div. 2010) (discussed breadth of NHRRRA and arbitration clauses; assisted living context)
- Montells v. Haynes, 133 N.J. 282 (N.J. 1993) (six-year limitations notions discussed in context of contract/rights)
- Resorts Int'l, Inc. v. Greate Bay Hotel & Casino, 830 F. Supp. 826 (D.N.J. 1992) (extremely limited reconsideration standard; Rule 7.1(i) guidance)
- Bowers v. NCAA, 130 F. Supp. 2d 610 (D.N.J. 2001) (reconsideration not for relitigating old matters)
- Tischio v. Bontex, Inc., 16 F. Supp. 2d 511 (D.N.J. 1998) (proper use of motions for reconsideration; second bite at apple limits)
- Oroz v. American President Lines, Ltd., 259 F.2d 636 (2d Cir. 1958) (statutory limitations framing for injury actions)
- Montells v. Haynes, 133 N.J. 282 (N.J. 1993) (statutory interpretation guidance used in analysis)