J-S13022-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NANCY D. MARTZ, EXECUTRIX OF THE 

ESTATE OF HARRY L. OTTO, DECEASED

IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

GOLDEN GATE NATIONAL SENIOR CARE, 

LLC, GGNSC ALTOONA HILLVIEW LP, 

D/B/A GOLDEN LIVINGCENTERHILLVIEW GP LLC,

GGNSC HOLDINGS LLC, GGNSC EQUITY 

HOLDINGS, LLC, GGNSC ADMISTRATIVE 

SERVICES, LLC, GGNSC CLINICAL 

SERVICES, LLC,

DENISE CURRY, AN INDIVIDUAL, AND 

ROBERT ETCHELLS, NHA,

Appellants No. 855 WDA 2015

Appeal from the Order Dated May 12, 2015

In the Court of Common Pleas of Blair County

Civil Division at No: 2014-01657

BEFORE: LAZARUS, STABILE, and FITZGERALD,*JJ. 

MEMORANDUM BY STABILE, J.: FILED FEBRUARY 25, 2016

Golden Gate National Senior Care, LLC, et al. (collectively, “Golden 

Gate”) appeals from the May 12, 2015 order of the Court of Common Pleas 

of Blair County (“trial court”), which overruled Golden Gate’s preliminary 

objections to compel arbitration of claims brought under the Wrongful Death 

____________________________________________

*

Former Justice specially assigned to the Superior Court.
J-S13022-16

- 2 -

and Survival Acts.1 The claims arise from the death of Harry L. Otto, after 

he was a resident at a skilled nursing facility operated by Golden Gate. 

Relying principally upon our decisions in Taylor v. Extendicare 

Health Facilities, Inc., 113 A.3d 317 (Pa. Super. 2015), appeal granted, 

112 A.3d 1036 (Pa. 2015), and Tuomi v. Extendicare Inc., 119 A.3d 1030 

(Pa. Super. 2015), the trial court found that the arbitration agreement 

entered into by Nancy Martz, as a legal representative of decedent, was not 

binding upon the non-signatory wrongful death beneficiaries, and they could 

not be deemed to have waived their right to a jury trial by the actions of the 

decedent’s representative. As such, the trial court determined that the 

beneficiaries bringing the wrongful death action in the instant case could not 

be compelled to litigate their claims in arbitration. Moreover, the trial court 

refused to sever the survival action and compel arbitration on that claim. 

Specifically, the trial court noted that survival actions had to be joined with 

wrongful death claims under Pa.R.C.P. No. 213(e) and that such joinder did 

not violate the Federal Arbitration Act, 9 U.S.C. § 2.

Although Golden Gate admits that Taylor and Tuomi control the 

outcome in this case, it nonetheless invites us to reconsider the cases. We, 

however, are obliged to decline the invitation. See Regis, Inc. v. All Am. 

____________________________________________

1 Respectively, 42 Pa.C.S.A. §§ 8301 and 8302. Though the order is 

interlocutory, we have jurisdiction under 42 Pa.C.S.A. § 7320. See

Pa.R.A.P. 311(a)(8).
J-S13022-16

- 3 -

Rathskeller, Inc., 976 A.2d 1157, 1161 n.6 (Pa. Super. 2009) (quotation 

omitted) (“It is beyond the power of a Superior Court panel to overrule a 

prior decision of the Superior Court.”); see also Marks v. Nationwide Inc. 

Co., 762 A.2d 1098, 1101 (Pa. Super. 2000) (noting that this Court 

continues to follow controlling precedent as long as decision has not been 

overturned by our Supreme Court), appeal denied, 788 A.2d 381 (Pa. 

2001). Based on Taylor and Tuomi, we affirm the trial court’s order 

overruling Golden Gate’s preliminary objections. 

Order affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 2/25/2016