HARRISBURG – Brookdale Harrisburg assisted living has filed a lawsuit against the co-executors of a former resident's estate who filed a state court action against the company, arguing a dispute must be compelled to arbitration per a resident agreement.
According to the Oct. 2 filing in the U.S. District Court for the Middle District of Pennsylvania, plaintiff Emeritus Corp., doing business as Brookdale Harrisburg, filed the suit against defendants George Case and Sharon Simpson, as co-executors of the estate of Annabel Case, claiming the defendants are refusing to abide by their contractual agreement of arbitration.
"The filing of the state court action evidences Mr. Case's and Ms. Simpson's intent to litigate in court, rather than pursue arbitration and this constitutes a refusal to arbitrate in accordance with the arbitration provision of the admission agreement that Annabel Case signed on Oct. 26, 2015, in the presence of Mr. Case as her legal representative and responsible party," Emeritus claims in its suit.
"Annabel Case received the full panoply of assisted living services including but not limited to room, food, laundry service, medication administration and nursing care and agreed to pay for them," the complaint states. "Annabel Case cannot be permitted to accept the benefit of all these bargains at the time of her residency and then attempt, through her estate, to disavow the last remaining contractual undertaking between the parties..."
Emeritus seeks to compel arbitration, stay the proceedings in the state court action and administratively close the complaint pending arbitration.
Emeritus is represented by attorneys Joel Fishbein and Adam Yanoff of Litchfield Cavo in Philadelphia.
U.S. District Court for the Middle District of Pennsylvania case number 1:19-cv-01710