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HEATH v. LA MARIANA APARTMENTS

No. 30,129.

180 P.3d 664 (2008)

2008-NMSC-017

Melanie HEATH, individually and as next friend of Holdyn H., a minor, Plaintiff-Petitioner, v. LA MARIANA APARTMENTS and Gerald Deabel, Defendants-Respondents.

Supreme Court of New Mexico.

March 12, 2008.

Attorney(s) appearing for the Case

Martin, Lutz, Roggow, Hosford & Eubanks, P.C., William L. Lutz, David Price Lutz, Stephen E. Hosford, Las Cruces, NM, for Petitioner.

Cervantes Moberly Law Firm, K. Joseph Cervantes, Las Cruces, NM, L. Helen Bennett, P.C., Linda Helen Bennett, Albuquerque, NM, for Respondents.

OPINION

BOSSON, Justice.

{1} In this appeal, we direct our attention to the Uniform Building Code ("UBC" or "the Code") as a potential source of a jury instruction on negligence per se. We examine the circumstances under which the UBC imposes an obligation to retrofit conditions in older apartment buildings that complied with the UBC edition in effect at the time of construction, but which no longer comply with newer editions of that code. Particularly...

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