Client Advisory

Annette DeWitt

The Superior Court of Pennsylvania affirmed the decision of the Philadelphia Court of Common Pleas to deny a skilled nursing facility’s Preliminary Objections to transfer a resident-on-resident sexual assault case to binding arbitration. Defendant Ambler Extended Care Center and their parent company, Saber Healthcare Group LLC, filed Preliminary Objections to enforce an arbitration agreement signed by plaintiff, Jane Doe, who allegedly was sexually assaulted by another resident.

Although Ambler Extended Care attached the signed arbitration agreement to their Preliminary Objections, Doe argued that she did not actually sign the arbitration agreement. In opposition to Ambler Extended Care’s Preliminary Objections, Doe propounded an affidavit, stating that she did not remember signing the arbitration agreement or discussing it with a representative of Ambler Extended Care. She argued that Ambler Extended Care copied her signature from another document. The Court of Common Please found that Doe had not executed the Arbitration Agreement, relying exclusively on Doe’s affidavit.

The Superior Court of Pennsylvania held that Ambler Extended Care did nothing to refute Doe’s affidavit, including cross-examining Doe or submitting their own affidavit of a witness affirming Doe’s execution of the arbitration agreement. As a result, the Superior Court deferred to the trial court’s finding of fact that Doe did not sign the Arbitration Agreement.

Key Takeaways: Skilled nursing facilities and other defendants should be prepared to come forward with affirmative proof of the execution of arbitration agreements to ensure their enforceability. Additionally, consideration should be given to have witnesses to the signatory page of arbitration agreements.