J-S33014-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
DEBORA A. STUBITS, ADMINISTRATRIX IN THE SUPERIOR COURT OF
OF THE ESTATE OF RICHARD PENNSYLVANIA
F. DOMBROWSKI
v.
GOLDEN GATE NATIONAL SENIOR CARE,
LLC; GGNSC ERIE WESTERN RESERVE,
LP, D/B/A GOLDEN LIVING CENTER-
WESTERN RESERVE; GGNSC HOLDINGS,
LLC; GGNSC EQUITY HOLDINGS, LLC;
GGNSC ADMINISTRATIVE SERVICES,
LLC; GGNSC CLINICAL SERVICES, LLC;
GOLDEN GATE ANCILLARY LLC; GPH
ERIE WESTERN RESERVE LLC; GGNSC
ERIE WESTERN RESERVE GP LLC;
ELIZABETH KACHEL, NHA; DENISE
CURRY, RVP; MILLCREEK COMMUNITY
HOSPITAL; MILLCREEK HEALTHY
SYSTEM
APPEAL OF: GOLDEN GATE NATIONAL
SENIOR CARE, LLC; GGNSC ERIE
WESTERN RESERVE, LP, D/B/A GOLDEN
LIVING CENTER-WESTERN RESERVE;
GGNSC HOLDINGS, LLC; GGNSC EQUITY
HOLDINGS, LLC; GGNSC
ADMINISTRATIVE SERVICES, LLC;
GGNSC CLINICAL SERVICES, LLC;
GOLDEN GATE ANCILLARY, LLC; GPH
ERIE WESTERN RESERVE, LLC; GGNSC
ERIE WESTERN RESERVE GP, LLC;
ELIZABETH KACHEL, NHA; DENISE
CURRY, RVP
No. 1160 WDA 2015
Appeal from the Order Entered July 8, 2015
in the Court of Common Pleas of Erie County Civil Division
at No(s): 12386 of 2014
J-S33014-16
BEFORE: GANTMAN, P.J., OLSON, J., and FITZGERALD,* J.
JUDGMENT ORDER BY FITZGERALD, J.: FILED: January 20, 2017
This case returns to this Court on remand following the Pennsylvania
Supreme Court’s decision in Taylor v. Extendicare Health Facilities, Inc.,
147 A.3d 490 (Pa. 2016). We reverse and remand for further proceedings.
The relevant history of this appeal was set forth in this Court’s May 26,
2016 judgment order affirming the trial court’s order overruling Appellants’
preliminary objections seeking to compel arbitration of their wrongful death
and survival actions. Stubits v. Golden Gate National Senior Care, LLC,
1160 WDA 2015 (Pa. Super. May 26, 2016) (judgment order), vacated,
2016 WL 6807020 (Pa. November 17, 2016) (per curiam). In refusing to
compel arbitration, the trial court relied on this Court’s decision in Taylor v.
Extendicare Health Facilities, Inc., 113 A.3d 317 (Pa. Super. 2015),
which held that Pa.R.C.P. 213(e) required consolidation of wrongful death
and survival actions for trial.
However, our Pennsylvania Supreme Court reversed this Court’s
decision in Taylor, holding that Rule 213(e) conflicts with the Federal
Arbitration Act (“FAA”) and is preempted. Taylor, 147 A.3d at 510. Section
2 of the FAA binds state courts to compel arbitration of claims subject to an
arbitration agreement, even at the expense of judicial efficiency. Id. The
*
Former Justice specially assigned to the Superior Court.
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J-S33014-16
Supreme Court in Taylor remanded the case to the trial court, to afford the
parties “the opportunity to litigate whether there is a valid and enforceable
arbitration contract in accord with generally applicable contract defenses and
the FAA’s savings clause.” Id. at 513. Therefore, we will remand to the trial
court to address Appellee’s fact-based defenses to the validity and
enforceability of the arbitration agreement.
Order reversed. Case remanded. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 1/20/2017
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