Buechel v. Five Star Quality Care, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding no genuine issue of material fact existed because plaintiffs knew or should have known from the outset that a defective bed frame caused a nursing home resident’s asphyxiation death
• discussing “the concept of inquiry notice” and its relation to “should have discovered” in the context of the statute of limitations
• treating an improvidently filed direct appeal as an application for interlocutory appeal
• rejecting the contention that there was a genuine question of material fact that prohibited dismissal when there were sufficient facts to notify the plaintiffs of a “potential problem, requiring further investigation”
• treating an improvidently filed direct appeal as an application for interlocutory appeal
• “Once a person is aware that a problem exists, the person has a duty to investigate.”

Source: CourtListener parenthetical corpus (CC0).