Nursing Home Arbitration Agreement Found To Be Invalid and Unenforceable as Unconscionable

In the case of Blackshear v. Providence Operator, LLC, No. 250102454 (C.P. Phila. Co. May 28, 2026 Carpenter, J.), the trial court issued a Rule 1925 Opinion requesting the Superior Court to affirm the trial court’s decision overruling a Defendant’s Preliminary Objections in a professional liability action regarding a nursing home negligence case. The Defendants, through Preliminary Objections, sought to transfer this litigation to private litigation pursuant to an ADR agreement signed by the Plaintiff’s decedent when he was admitted to the nursing home.

The trial court ruled that the Arbitration Agreement allegedly signed by the Plaintiff’s decedent was invalid and unenforceable where clear and convincing evidence indicated that the resident lacked the capacity to understand and execute the agreement at the time it was signed.

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Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (July 23, 2026).

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