Tuomi v. Extendicare, Inc.
119 A.3d 1030
| Pa. Super. Ct. | 2015Background
- Decedent Margaret Tuomi was an assisted‑living resident and later admitted to Extendicare’s Havencrest nursing home with stage II–IV pressure wounds; she later died. Administrator Donald Tuomi (her executor) sued for survival and wrongful death alleging negligent care by Kenric Manor and Extendicare that aggravated infections and pressure ulcers.
- Administrator signed a Voluntary Arbitration Agreement upon the Decedent’s admission to Extendicare; Extendicare moved to compel arbitration of the claims against it.
- The trial court overruled Extendicare’s preliminary objections to compel arbitration, relying on Pisano and Pa.R.C.P. 213(e) consolidation of wrongful death and survival actions, and denied severance/bifurcation.
- Extendicare appealed, arguing the Federal Arbitration Act (FAA) preempts state law and that the survival claims (based on the decedent’s arbitration agreement) should be severed and sent to arbitration.
- The Superior Court affirmed, following its controlling decision in Taylor v. Extendicare: Pennsylvania’s Rule 213(e) and the Wrongful Death Act permit consolidation and do not categorically prohibit arbitration, so FAA does not preempt those state provisions here; bifurcation would create practical and legal problems with overlapping claims and non‑signatory defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by refusing to compel arbitration and sever survival claims | Administrator: wrongful death beneficiaries (non‑signatories) cannot be compelled; consolidation under Pa.R.C.P. 213(e) keeps both actions in court | Extendicare: valid arbitration agreement with decedent makes survival claims arbitrable; FAA preempts state law and requires severance of survival claims to arbitration | Affirmed: court did not err — Rule 213(e) and Wrongful Death Act allow consolidation; FAA does not preempt in this context; no bifurcation |
Key Cases Cited
- Pisano v. Extendicare Homes, Inc., 77 A.3d 651 (Pa. Super. 2013) (addressed enforceability of arbitration agreements in wrongful death contexts)
- Marmet Health Care Ctr., Inc. v. Brown, 132 S. Ct. 1201 (U.S. 2012) (FAA preempted state rule categorically prohibiting nursing‑home arbitration of personal‑injury/wrongful‑death claims)
- Mastrobuono v. Shearson Lehman Hutton, Inc., 514 U.S. 52 (U.S. 1995) (state law limiting arbitration of punitive damages preempted by FAA)
- Preston v. Ferrer, 552 U.S. 346 (U.S. 2008) (state statutes granting exclusive forum jurisdiction preempted where they conflict with FAA)
- Elwyn v. DeLuca, 48 A.3d 457 (Pa. Super. 2012) (two‑part test for compelling arbitration: existence of valid arbitration agreement and scope coverage)