J-S09005-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
LORRAINE L. DAVIS, EXECUTRIX OF THE IN THE SUPERIOR COURT OF
ESTATE OF: JOHN J. HUDSON, PENNSYLVANIA
DECEASED
v.
HCR MANORCARE, LLC; MANOR CARE OF
LANCASTER PA, LLC D/B/A MANORCARE
HEALTH SERVICES – LANCASTER;
MANORCARE HEALTH SERVICES, INC.
A/K/A MANORCARE HEALTH SERVICES,
LLC; MANOR CARE, INC.; HCR
MANORCARE, INC.; HCR IV HEALTHCARE
LLC; HCR III HEALTHCARE, LLC; HCR II
HEALTHCARE, LLC; HCR HEALTHCARE,
LLC; HCRMC OPERATIONS, LLC;
HEARTLAND EMPLOYMENT SERVICES,
LLC; THE LANCASTER GENERAL
HOSPITAL AND LANCASTER GENERAL
HEALTH
APPEAL OF: HCR MANORCARE, LLC;
MANOR CARE OF LANCASTER PA, LLC
D/B/A MANORCARE HEALTH SERVICES –
LANCASTER; MANORCARE HEALTH
SERVICES, INC. A/K/A MANORCARE
HEALTH SERVICES, LLC; MANOR CARE,
INC.; HCR MANORCARE, INC.; HCR IV
HEALTHCARE LLC; HCR III HEALTHCARE,
LLC; HCR II HEALTHCARE, LLC; HCR
HEALTHCARE, LLC; HCRMC
OPERATIONS, LLC; HEARTLAND
EMPLOYMENT SERVICES, LLC
No. 507 MDA 2015
Appeal from the Order Entered February 25, 2015
In the Court of Common Pleas of Lancaster County
Civil Division at No(s): CI-14-06658
J-S09005-16
BEFORE: PANELLA, J., LAZARUS, J., and JENKINS, J.
JUDGMENT ORDER BY PANELLA, J. FILED DECEMBER 21, 2016
Appellee, Lorraine H. Davis, as executrix for her father, John L.
Hudson’s estate, instituted the instant action against Appellant business
entities (collectively “ManorCare”), which collectively own and operate a
nursing home facility known as ManorCare Health Services – Lancaster. In
her complaint, Davis asserted causes of action for survival, wrongful death,
and punitive damages. Manorcare filed preliminary objections, seeking to
enforce an arbitration agreement it had with Hudson. On February 19,
2015, the trial court denied ManorCare’s preliminary objection and refused
to transfer the case to arbitration. ManorCare filed this timely, interlocutory
appeal as of right. See Gaffer Insurance Company, Ltd. v. Discover
Reinsurance Co., 936 A.2d 1109, 1110 n. 2 (Pa. Super. 2007).
On appeal, ManorCare conceded that this panel was bound to affirm
based upon Taylor v. Extendicare Health Facilities, Inc., 113 A.3d 317
(Pa. Super. 2015), appeal granted, 122 A.3d 1036 (Pa. 2015). See
Appellants’ Motion for Summary Affirmance. However, they sought to
preserve their argument regarding arbitration pending the outcome of the
Supreme Court of Pennsylvania’s decision in Taylor. See id.
After reviewing the briefs of the parties and the record, we agreed that
Taylor controlled, and affirmed and dismissed Manorcare’s motion for
summary affirmance as moot.
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J-S09005-16
The Supreme Court of Pennsylvania granted Manorcare allowance of
appeal on this issue. Subsequently, the Supreme Court reversed Taylor.
See Taylor, 147 A.3d 490 (Pa. 2016). Appellee concedes that under these
circumstances, “this matter should be remanded back to the trial court for
arbitration-related discovery and further proceedings.” See Appellee’s Brief,
at 3.
Order reversed. Case remanded for further proceedings consistent
with Taylor. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/21/2016
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