CARMICHAEL v. LEXINGTON-FAYETTE, ETC.


608 S.W.2d 66 (1980)

Roy CARMICHAEL and Ruth Carmichael, Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT and Howard K. Bell Consulting Engineers, Inc., (a Kentucky Corporation) and T. M. Regan, Inc., (a Kentucky Corporation), Appellees.

Court of Appeals of Kentucky.

October 31, 1980.


Attorney(s) appearing for the Case

David A. Weinberg, Lexington, for appellants.

Ralph F. Kessinger, Harbison, Kessinger, Lisle & Bush, James D. Ishmael, Jr., Brown, Sledd & McCann, Lexington, for appellees.

Before COOPER, LESTER and WINTERSHEIMER, JJ.


COOPER, Judge.

This is an appeal from a summary judgment dismissing appellants' complaint which alleged negligence on the part of the appellees, and sought damages for injuries sustained as the result of appellees' negligence in conducting a smoke test of the sewer system. The issues are: (1) whether the appellants' violation of the state's plumbing code by not having their washing machine trapped was contributory negligence per se authorizing the granting of a summary...

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