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BUECHEL v. FIVE STAR QUALITY CARE, INC.

No. 06-1239.

745 N.W.2d 732 (2008)

Bernard BUECHEL, Individually and as Coexecutor of the Estate of Juanita Buechel, Angela Pauly, Individually and as Coexecutor of the Estate of Juanita Buechel, Daniel Buechel, Monica Hagen, Mary Rose, Teresa Smith, and Joanne Mallicoat, Appellants, v. FIVE STAR QUALITY CARE, INC. d/b/a Prairie Ridge Care & Rehabilitation; Fsq, Inc.; Shopco-IA, LLC; Five Star Quality Care-IA, LLC; SNH-Iowa, Inc.; Five Star Quality Care-IA, Inc.; Senior Housing Properties Trust; Sptihs Properties Trust; Jane Does — Admr'r; Dir. of Nursing; Nursing Assistants; Johnston Enters., Inc. d/b/a Johnston Med. Staffing; and Mari Beth Johnston a/k/a Beth Johnston a/k/a Mari B. Hefta, Individually and d/b/a Johnston Med. Staffing; DEF Corp.; GHI Corp.; Joerns Furniture Co., Inc.; Joerns Healthcare, Inc.; Sunrise Habitat, Inc. n/k/a Sunrise Med. CCG, Inc., Defendants, Sunrise Habitat, Inc. n/k/a Sunrise Med. HHG, Inc., Appellee.

Supreme Court of Iowa.

March 7, 2008.

Attorney(s) appearing for the Case

Christopher D. Stombaugh and Sheila Stuart Kelley of Kopp, McKichan, Geyer, Skemp & Stombaugh, L.L.P., Platteville, Wisconsin, David W. Terry of Johnson, Fellows, Lake & Terry, St. Louis, Missouri, and R. Craig Oppel of Allbee, Barclay, Allison & Denning, P.C., Muscatine, for appellants.

Robert D. Houghton and Diane Kutzko of Shuttleworth & Ingersoll, P.L.C., Cedar Rapids, for appellee.

APPEL, Justice.

In this case, we are presented with an appeal of a district court order granting summary judgment to one defendant in a wrongful death action on the grounds that the claim was barred by the relevant statutes of limitations and repose. For the reasons presented below, we affirm the order of the district court.

I. Factual Background and Prior Proceedings.

Juanita Buechel died during the early morning hours of January 20,...

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