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BUTTERFIELD v. CHAUTAUQUA GUEST HOME

No. 22-0101.

987 N.W.2d 834 (2023)

ESTATE OF Roberta Ann BUTTERFIELD BY Bradley Dean BUTTERFIELD and Deanne Marie Rogers, Co-Administrators, Appellants, v. CHAUTAUQUA GUEST HOME, INC. d/b/a Chautauqua Guest Home #3 and Chautauqua Guest Homes, Appellees.

Supreme Court of Iowa.

Filed March 17, 2023.

Attorney(s) appearing for the Case

Jeffrey A. Pitman (argued) of Pitman, Kalkhoff, Sicula & Dentice, S.C., Milwaukee, Wisconsin, and John T. Hemminger of Law Offices of John T. Hemminger, Des Moines, for appellant.

Joseph D. Thornton (argued) of Smith Peterson Law Firm, LLP, Council Bluffs, for appellees.

Christensen, C.J., delivered the opinion of the court, in which Waterman, Mansfield, McDonald, and Oxley, JJ., joined. May, J., filed an opinion concurring in part and dissenting in part, in which McDermott, J., joined.

In this medical malpractice case, a decedent's estate brings suit against a nursing home, alleging various omissions and failures. Although the estate filed suit in a timely manner, it did not serve a certificate of merit affidavit on the defendants. Consequently, the nursing home moved to dismiss the claims against it...

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