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Tuomi v. Extendicare, Inc.

Superior Court of Pennsylvania

June 18, 2015

DONALD E. TUOMI, ADMINISTRATOR OF THE ESTATE OF MARGARET C. TUMOI, DECEASED,
v.
EXTENDICARE, INC., EXTENDICARE HEALTH FACILITIES, INC., D/B/A HAVENCREST NURSING CENTER, EXTENDICARE HEALTH FACILITY HOLDING, INC., EXTENDICARE HEALTH SERVICES, INC., EXTENDICARE HEALTH NETWORK, INC., EXTENDICARE HOLDINGS, INC., KATHLEEN GASTAN, AN INDIVIDUAL; KENRIC MANOR FAMILY LIMITED PARTNERSHIP D/B/A KENRIC MANOR, APPEAL OF: EXTENDICARE, INC., EXTENDICARE HEALTH FACILITIES, INC., D/B/A HAVENCREST NURSING CENTER, EXTENDICARE HEALTH FACILITY HOLDING, INC., EXTENDICARE HEALTH SERVICES, INC., EXTENDICARE HEALTH NETWORK, INC., EXTENDICARE HOLDINGS, INC., Appellants

Argued January 27, 2015

Appeal from the Order Entered April 24, 2014. In the Court of Common Pleas of Washington County. Civil Division at No(s): 2013-1583. Before O'DELL SENECA, J.

Howard J. Schulberg, Pittsburgh, for Extendicare, Inc., appellant.

Jeffrey M. Olszewski, Pittsburgh, for Kenric Manor, appellee.

Stephen Trzcinski, Philadelphia, for Tuomi, appellee.

BEFORE: BOWES, WECHT, and STRASSBURGER,[*] JJ.

OPINION

Page 1031

BOWES, J.

Extendicare, Inc., Extendicare Health Facilities, Inc., d/b/a Havencrest Nursing Center, and the other Extendicare entities (collectively " Extendicare" ), appeal from the April 24, 2014 order overruling preliminary objections in the nature of a petition to compel arbitration.[1] We affirm based upon our recent decision in Taylor v. Extendicare, 2015 PA Super 64, 113 A.3d 317 (Pa.Super. April 2, 2015), which is controlling.

The facts pertinent to our analysis are as follows. Margaret C. Tuomi (" Ms. Tuomi" or " Decedent" ) was a resident of Kenric Manor, an assisted living facility, for a period of time ending on May 31, 2011. It is alleged that, while she was a resident at that facility, Kenric failed to provide the necessary staffing and resources to provide

Page 1032

quality care for Ms. Tuomi. Specifically, the staff failed to prevent, diagnose and treat Ms. Tuomi's illnesses including urinary tract infections and cellulitis, and permitted multiple pressure sores to develop and progress. This negligence led to malnutrition, pain, hospitalization and death.

On May 31, 2011, Ms. Tuomi was transferred to Monongahela Valley Hospital for treatment of contractures in her extremities, a urinary tract infection, pneumonia and cellulitis in her left knee. Following her discharge on June 3, 2011, she was admitted to Havencrest Nursing Center, an Extendicare nursing home facility, where she was noted to have Stage II, III and IV pressure wounds. According to the allegations in the complaint, Extendicare's negligent understaffing and the neglect of its agents and employees resulted in the aggravation of her pressure ulcers, pneumonia, Staph and E. coli infections, deterioration and death. Ms. Tuomi was discharged on September 14, 2011 and died on October 16, 2011.

The Decedent's husband, Donald (" Administrator" ), was subsequently appointed Administrator of her Estate. He commenced the within negligence actions for wrongful death on behalf of the beneficiaries, as well survival actions premised on negligence and negligence per se based upon violations of the Neglect of Care-Dependent Persons Statute, 18 Pa.C.S. § 2713, and the Older Adult Protective Services Act, 35 P.S. § 10225.101. Administrator ...


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