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Case No. 23-1788

Jacob M. Rose, individually and as executor of the Estate of Jack F. Rose and Jeremy P. Rose, individually,
v.
Oakland Healthcare Management, LLC, d/b/a Oakland Manor

Jacob and Jeremy Rose sued Oakland Healthcare Management following the death of their father, Jack Rose. The Roses argued Oakland Manor engaged in recklessness or willful misconduct by failing to implement proper COVID-19 prevention protocols in the skilled nursing facility where Mr. Rose resided. The district court granted Oakland Manor’s motion for summary judgment, finding that the evidence was insufficient as a matter of law to show that Oakland Manor’s conduct was reckless or willful, as required to overcome the COVID-19 healthcare provider immunity of Iowa Code section 686D.6. The court of appeals affirmed, and the Roses applied for further review.

County:
Pottawattamie
Trial Court Case No.:
LACV123066 JACOB

Applicant

Jacob M. Rose, individually and as executor of the Estate of Jack F. Rose and Jeremy P. Rose, individually,

Resister

Oakland Healthcare Management, LLC, d/b/a Oakland Manor

Attorney for the Applicant

Jon H. Johnson

Attorneys for the Resister

Jeff W. Wright
Zackary A. Martin

Supreme Court

Oral Argument Schedule

15-15-5

Nov 13, 2025 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
23-1788
Date Published:
Jan 23, 2026
Date Amended:
Mar 26, 2026

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1788
Date Published:
Feb 19, 2025
Summary

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, P.J.  Opinion by Schumacher, J.  Dissent by Tabor, C.J.  (18 pages)

            Plaintiffs appeal the district court decision granting summary judgment after finding Iowa Code section 686D.6 (2022) precluded their claim.  OPINION HOLDS: We affirm the grant of summary judgment.  DISSENT ASSERTS:  Because I believe that the Roses created a jury question on the recklessness of the nursing facility’s actions, I respectfully dissent.

Other Information

Date Further Review is Granted:
Jun 04, 2025
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