Harrington v. Kramer, 2025 Pa. Dist. & Cnty. Dec. LEXIS 1(Luzerne County Ct. of Common Pleas, January 14, 2025) (Gelb, J. and Lesa, S.)
Nursing home resident signed arbitration clause and Court found that it is procedurally and substantively unconscionable.
First, the Court finds that Ms. Curtin, did not have the legal capacity to sign the Arbitration Agreement based upon the medications she was prescribed, notes from the nursing staff as to her cognition, and the circumstances surrounding the presentation of the admission paperwork from Mr. Lamoreaux. Second, the Court finds that the Arbitration Agreement itself is substantively unconscionable because it imposes additional costs on Ms. Curtin and her representatives that they would not have in a court of law, and the Arbitration Agreement favors the Gardens in that it permits the Gardens to pursue Ms. Curtin and/or her representatives for nonpayment outside of arbitration. The combination of each type of unconscionability mandates a fact-specific holding that the Arbitration Agreement is not binding in this matter.
One of the experts for the resident was a doctor we have used, Dr. Zurad.