Friday, August 16, 2013

consumer - arbitration - wrongful death action

Pisano v. Extendicare Homes – Superior Court – August 12, 2013

We hold that Pennsylvania’s wrongful death statute creates an independent action distinct from a survival claim that, although derived from the same tortious conduct, is not derivative of the rights of the decedent.

We conclude, therefore, that the trial court did not abuse its discretion in determining that Decedent’s contractual agreement with Belair to arbitrate all claims was not binding on the non-signatory wrongful death claimants.