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Wisler v. Manor Care of Lancaster PA, LLC

Wisler v. Manor Care of Lancaster PA, LLC

Superior Court of Pennsylvania

June 24, 2015, Argued ; September 8, 2015, Decided; September 8, 2015, Filed

No. 1226 MDA 2014

Opinion

 [*319]  OPINION BY STABILE, J.:

Appellants (collectively, ManorCare) appeal from an order sustaining in part and overruling in part their preliminary objections to the complaint of H. Randall and Keith Wisler (collectively, Executors), co-executors of the estate of Herbert C. Wisler (Decedent). ManorCare contends the trial court erred in refusing to compel arbitration of Executors' claims arising out of Decedent's stay at a ManorCare nursing  [*320]  home. The trial court found the arbitration agreement invalid, ruling that H. Randall Wisler, as power of attorney for Decedent, lacked the authority to enter into such an agreement. Upon review, we affirm.

[Decedent] was a resident at [ManorCare Lancaster] from March 4, 2010 through April 28, 2010, and from August 13, 2010, through October 11, 2010. Thereafter, [Decedent] died on February 6, 2011. At the time of his [first] admission, [Decedent] required assistance with care for all of his activities of daily living. His medical history was significant [**2]  for diabetes (type 2), chronic kidney disease, [p]acemaker, Orthostatis, coronary artery disease, multiple [cerebrovascular accidents, i.e., strokes], Hyperlipidemia, depression, prostate and colon cancer, swallowing dysfunction, acute congestive heart failure, anemia[,] and protein calorie malnutrition.

On March 4, 2010, the date of [D]ecedent's first admission to [ManorCare Lancaster], H. Randall Wisler, the [D]ecedent's son, co-executor, and co-plaintiff in this matter, signed [ManorCare Lancaster's] admission papers. On March 30, 2010, H. Randall Wisler further signed an [A]rbitration [A]greement as part of the admission process. This [A]greement provided that any disputes arising out of or in any way relating to the agreement or to [Decedent's] stay at [ManorCare Lancaster] "shall be submitted to binding arbitration."

At the time of [D]ecedent's second admission on August 13, 2010, his son, H. Randall Wisler, again signed the admissions paperwork. Several days later, H. Randall Wisler was again asked to sign a second [A]rbitration [A]greement1 on August 16, 2010.

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124 A.3d 317 *; 2015 Pa. Super. LEXIS 515 **; 2015 PA Super 189; 2015 WL 5215963

H. RANDALL WISLER AND H. KEITH WISLER, CO-EXECUTORS OF THE ESTATE OF HERBERT C. WISLER, DECEASED, Appellees v. MANOR CARE OF LANCASTER PA, LLC D/B/A MANORCARE HEALTH SERVICES-LANCASTER, HCR MANOR CARE, INC., MANORCARE HEALTH SERVICES, INC., MANOR CARE, INC., HCR HEALTHCARE, LLC, HCR HEALTHCARE II, LLC, HCR HEALTHCARE III, LLC, AND HCR HEALTHCARE IV, LLC, Appellants

Subsequent History: Appeal denied by Wisler v. Manor Care of Lancaster PA, LLC, 633 Pa. 789, 128 A.3d 222, 2015 Pa. LEXIS 2733 (Dec. 1, 2015)

Prior History:  [**1] Appeal from the Order of the Court of Common Pleas, Lancaster County, Civil Division, No: CI-12-09374. Before ASHWORTH, J.

H. Randall Wisler & H. Keith Wisler v. Care, 2014 Pa. Dist. & Cnty. Dec. LEXIS 20039 (June 26, 2014)

CORE TERMS

arbitration agreement, trial court, power of attorney, arbitration, compel arbitration, adverse inference, apparent authority, purported, express authorization, paperwork, briefing, waived

Civil Procedure, Appeals, Appellate Briefs, Reviewability of Lower Court Decisions, Preservation for Review, Dismissal of Appeals, Involuntary Dismissals, Business & Corporate Compliance, Alternative Dispute Resolution, Arbitration, Arbitrability, Pretrial Matters, Judicial Review, Validity of ADR Methods, Contracts Law, Contract Conditions & Provisions, Arbitration Clauses, Business & Corporate Law, Authority to Act, Contracts & Conveyances, General Overview, Establishment, Elements, Manifestation by Principal, Estoppel, Necessity, & Ostensible Agency, Agency by Estoppel, Actual Authority, Express Authority, Implied Authority, Apparent Authority, Agency Relationships, Types, Conduct of Parties, Estate, Gift & Trust Law, Estate Planning, Powers of Attorney, Durable Powers, Duties & Liabilities, Knowledge & Notice, Healthcare Law, Medical Treatment, Patient Consent, Consent by Guardians & Parents, Elements, Evidence, Inferences & Presumptions, Inferences, Relevance, Preservation of Relevant Evidence, Spoliation, Reliance