Burkett, R. v. St. Francis Country House
Burkett, R. v. St. Francis Country House No. 2633 EDA 2013
Pa. Super. Ct.Jul 11, 2017Background
- Plaintiff Roy J. Burkett, Jr., administrator of Nannie Burkett's estate and in his own right, sued St. Francis Country House (operator and related entities) for negligence causing the decedent’s death, asserting both wrongful death and survival claims.
- Defendants moved to compel arbitration based on an arbitration agreement signed by the decedent; the trial court denied the motion as to both wrongful death and survival claims.
- The Superior Court originally affirmed the trial court: applying Pisano, it held Burkett (a non-intended third party) was not bound to arbitrate the wrongful death claim and, relying on Taylor I and Pa.R.C.P. 213(e), refused to sever and compel arbitration of the survival action.
- The Pennsylvania Supreme Court in Taylor II reversed Taylor I, holding Pa.R.C.P. 213(e) (compulsory consolidation of wrongful death and survival actions) is preempted by the Federal Arbitration Act (FAA), meaning wrongful death and survival claims can be severed so an arbitrable survival claim may proceed to arbitration unless a generally applicable contract defense applies.
- On remand, the Superior Court: (1) reaffirmed that Burkett’s wrongful death claim need not be arbitrated (Pisano), and (2) remanded for the trial court and parties to litigate whether generally applicable contract defenses (e.g., unconscionability, lack of consideration) preclude arbitration of the survival claim under the FAA savings clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the wrongful death claim must be arbitrated | Burkett: as a non-intended third party, he is not bound to arbitrate the wrongful death claim | St. Francis: arbitration clause binds claims arising from resident care, so wrongful death should be arbitrated | Court: Wrongful death claim not subject to arbitration; trial on wrongful death permitted (Pisano) |
| Whether the survival action must be severed and compelled to arbitration despite Pa.R.C.P. 213(e) | Burkett: Rule 213(e) requires consolidation; survival claim should remain in court with wrongful death claim | St. Francis: FAA preempts Rule 213(e); survival claim is arbitrable and should be severed and sent to arbitration | Court: Under Taylor II, FAA preempts Rule 213(e); severance and arbitration possible unless a general-contract defense applies; remanded to litigate defenses |
| Whether Rule 213(e) is preempted by the FAA | Burkett: Rule 213(e) governs case consolidation and should be applied | St. Francis: Rule 213(e) conflicts with FAA’s purpose to enforce arbitration agreements and is preempted | Court: Rule 213(e) conflicts with FAA and is preempted (Taylor II) |
| Whether plaintiffs may raise contract defenses to avoid arbitration of survival claims | Burkett: raised unconscionability and lack of consideration as defenses | St. Francis: arbitration agreement is valid and enforceable absent valid contract defenses | Court: Parties must litigate generally applicable contract defenses under the FAA’s savings clause on remand; trial court should address these defenses |
Key Cases Cited
- Taylor v. Extendicare, 147 A.3d 490 (Pa. 2016) (Pennsylvania Supreme Court held Pa.R.C.P. 213(e) is preempted by the FAA and directed that generally applicable contract defenses be adjudicated under the FAA savings clause)
- Pisano v. Extendicare Homes, Inc., 77 A.3d 651 (Pa. Super. 2013) (held non-intended third parties are not bound to arbitrate wrongful death claims)
- Taylor v. Extendicare Health Facilities, Inc., 113 A.3d 317 (Pa. Super. 2015) (earlier Superior Court decision requiring consolidation under Rule 213(e); later reversed by Taylor II)
- Burkett v. St. Francis Country House, 133 A.3d 22 (Pa. Super. 2016) (Superior Court opinion affirming trial court’s denial of arbitration and applying Pisano and Taylor I; vacated and remanded after Taylor II)