J-S33013-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
TOM FOSTER, ADMINISTRATOR OF THE IN THE SUPERIOR COURT OF
ESTATE OF KENNETH W. FOSTER, PENNSYLVANIA
DECEASED
v.
GOLDEN GATE NATIONAL SENIOR CARE,
LLC; ERIE OPERATING, LLC D/B/A
GOLDEN LIVINGCENTER - WALNUT
CREEK; ERIE ACQUISITION, LLC; GGNSC
EQUITY HOLDINGS, LLC; GGNSC
HOLDINGS, LLC; GGNSC CLINICAL
SERVICES, LLC; GGNSC
ADMINISTRATIVE SERVICES, LLC;
SPECTRA HEALTHCARE ALLIANCE VI,
LLC; SPECTRA HEALTHCARE ALLIANCE
INC; BEVERLY ENTERPRISES, INC.; AND
DENISE CURRY, AN INDIVIDUAL.
Appellants No. 1147 WDA 2015
Appeal from the Order Entered July 7, 2015
in the Court of Common Pleas of Erie County Civil Division
at No(s): 10202 of 2004
BEFORE: GANTMAN, P.J., OLSON, J., and FITZGERALD,* J.
JUDGMENT ORDER BY FITZGERALD, J.: FILED MAY 26, 2016
Appellants, Golden Gate National Senior Care, LLC, et al. (collectively
“Golden Gate”), appeal from the order entered in the Erie County Court of
Common Pleas overruling their preliminary objections seeking to compel
*
Former Justice specially assigned to the Superior Court.
J-S33013-16
arbitration of their wrongful death and survival actions.1 The claims arise
from the death of Kenneth W. Foster (“Decedent”), a resident at Golden
Living Center-Walnut Creek.
The trial court found the arbitration agreement signed by Decedent
was not binding upon the non-signatory wrongful death beneficiaries, relying
upon this Court’s decisions in Pisano v. Extendicare Homes, Inc., 77 A.3d
651 (Pa. Super. 2015), Taylor v. Extendicare Health Facilities, Inc., 113
A.3d 317 (Pa. Super. 2015), appeal granted, 122 A.3d 1036 (Pa. 2015), and
Tuomi v. Extendicare, Inc., 119 A.3d 1030 (Pa. Super. 2015).2
Additionally, the trial court declined to bifurcate the wrongful death and
survival claims, citing Pa.R.C.P. 213(e).3
1
The court found that the remaining preliminary objections were moot as
Appellants and Appellee, Tom Foster, Administrator of the Estate of Kenneth
W. Foster, Deceased, “stipulated that those matters would be raised and
addressed at a later time.” R.R. at 424a. For the parties’ convenience, we
refer to the reproduced record.
2
Appellants “acknowledge that the Pisano, Taylor and Tuomi decisions are
binding precedent on the trial court.” Appellants’ Brief at 4 n.1.
3
Rule 213 provides:
A cause of action for the wrongful death of a decedent and
a cause of action for the injuries of the decedent which
survives his or her death may be enforced in one action,
but if independent actions are commenced they shall be
consolidated for trial.
Pa.R.C.P. 213(e).
-2-
J-S33013-16
This matter is controlled by Pisano, Taylor, and Tuomi. See Marks
v. Nationwide Ins. Co., 762 A.2d 1098, 1101 (Pa. Super. 2000) (“[W]e
have long held that as long as the decision has not been overturned by our
Supreme Court, a decision by our Court remains binding precedent.”
(citation omitted)). Accordingly, we affirm the trial court’s order overruling
Golden Gate’s preliminary objections based upon Pisano, Taylor, and
Tuomi.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 5/26/2016
-3-