In a case of first impression, the Pennsylvania Superior Court has ruled that a nursing home arbitration agreement does not bind a resident's heirs because a wrongful death lawsuit is an independent cause of action.
Westmoreland County defendant Extendicare Homes, operating under the "fictitious name" Belair Health and Rehabilitation Center, had argued that the wrongful death suit by the administrator of Vincent F. Pisano's estate was controlled by an alternative dispute resolution agreement signed by Pisano's daughter, who had a power of attorney. Belair further argued that the Pennsylvania Wrongful Death Act creates a cause of action that is solely derivative of the underlying tort.
