Pagarigan

Libby Care Center, Inc., and Longwood Management Corporation are defendants in an action for personal injuries brought by plaintiffs Teri, Mary and John Pagarigan as successors in interest to their deceased mother, Johnnie Pagarigan, and for wrongful death brought in their own right. Defendants appeal from a trial court order denying their petition to compel arbitration of plaintiffs’ claims. We affirm.

Facts and Proceedings Below

Johnnie Pagarigan was admitted in a comatose state to Magnolia Gardens Convalescent Hospital (Magnolia Gardens), a skilled nursing facility. She remained there for nearly a year. Plaintiffs allege that while Ms. Pagarigan was under the care and treatment of Magnolia Gardens she developed a severe pressure sore on her lower back measuring approximately five by eight inches; she lost weight and became malnourished and dehydrated. In addition, Ms. Pagarigan developed an infection at the site where a gastric tube had been surgically implanted in her abdomen. The infection abscessed and her abdomen became protuberant and discolored. Ultimately Ms. Pagarigan was transferred to a hospital where surgeons treated the abscess. The infection was by then…