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O'NEILL v. WINDSHIRE-COPELAND ASSOCIATES

Record No. 031824.

595 S.E.2d 281 (2004)

267 Va. 605

Kaney F. O'NEILL v. WINDSHIRE-COPELAND ASSOCIATES, L.P., et al.

Supreme Court of Virginia.

April 23, 2004.

Attorney(s) appearing for the Case

E. Duncan Getchell, Jr. (Amy M. Poclington, Richmond; Irwin M. Zalkin, Michael Zimmer; McGuireWoods; Zalkin & Zimmer, on briefs), for appellant.

Steven W. Bancroft, Fairfax (Michael J. Carita, Fairfax; J. Justin McKenna, Jr.; Frank K. Friedman; Ellen S. Moore, Roanoke; Trichil, Bancroft, McGavin, Horvath & Judkins, Fairfax; Woods, Rogers & Hazlegrove, Roanoke, on brief), for appellees.

Present: All the Justices.

LACY, Justice.

On July 30, 2003, the United States Court of Appeals for the Fourth Circuit entered an order of certification requesting that we exercise our certification jurisdiction, Va. Const. art. VI, § 1, Rule 5:42, and answer the following question:

If the defendant-owner of an apartment building is negligent per se because the protective railing on its apartment balcony does not comply with the height requirements of a municipal building code...

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