38 Pa. D. & C.5th 449
Pennsylvania Court of Common P...2014Background
- Manor Care defendants moved to compel arbitration and to dismiss punitive damages and negligence per se claims in a medical professional liability action.
- Plaintiff Harl Gene Wilson resided at Manor Care Lancaster Oct 18–30, 2010; his daughter Stephanie Calzada signed admissions papers, including an arbitration clause, on his behalf.
- Calzada signed as 'Patient's legal representative' but had no power of attorney or other writing authorizing actions for Wilson at admission; Wilson was not present and likely incapacitated by pain meds.
- The court examined agency concepts: actual authority, apparent authority, and agency by estoppel; found no evidence Calzada had authority to sign for Wilson and no evidence of apparent authority or estoppel.
- Because no valid agency existed, the court held there was no binding arbitration agreement between the parties; arbitration motion overruled and dismissed.
- The court separately addressed negligence per se and punitive damages: counts 2 and 3 (negligence per se claims) dismissed, with leave to amend count one to incorporate those statutes as bases for negligence; punitive damages demurrer overruled without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Arbitration enforceability based on agency | Calzada had authority to sign as agent for Wilson | Calzada lacked actual/apparent authority and no agency by estoppel | No valid arbitration agreement; arbitration not enforceable |
| Negligence per se viability | Counts 2–3 should establish negligence per se under statutes | Negligence per se does not independently create liability | Counts 2–3 dismissed; leave to amend count 1 to include negligence per se as basis |
| Punitive damages viability | Facts show purposeful understaffing and risk yielding punitive liability | Punitive damages claim should be dismissed at demurrer stage | Demurrer overruled; punitive damages claim survives for now (without prejudice) |
Key Cases Cited
- Pisano v. Extendicare Homes, Inc., 77 A.3d 651 (Pa. Super. 2013) (arbitration policy favors arbitration but strict construction applies)
- Elwyn v. DeLuca, 48 A.3d 457 (Pa. Super. 2012) (arbitration agreements require clear authority to bind)
- Array Healthcare Facilities Solutions Inc. v. Pesce, pa. D.&C.5th 547 (Pa. 2006) (agency and contract principles may bind non-signatories to arbitration)
- Walton v. Johnson, 66 A.3d 782 (Pa. Super. 2013) (agency by estoppel and authority essential to sign arbitration for another)
- In re Orthopedic Bone Screw Prod. Liab. Litig., 193 F.3d 781 (3d Cir. 1999) (statutory violation informs standard of care, not independent liability)