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WINGER v. CM HOLDINGS, L.L.C.

No. 14-0199.

881 N.W.2d 433 (2016)

Kathryn WINGER and Timothy Potts, Appellants, v. CM HOLDINGS, L.L.C., Appellee.

Supreme Court of Iowa.

June 24, 2016.

Attorney(s) appearing for the Case

Robert G. Rehkemper and Cory F. Gourley of Gourley, Rehkemper & Lindholm, P.L.C., for appellants.

Brenda K. Wallrichs of Lederer Weston Craig PLC, Cedar Rapids, and Michael A. Carmoney and Jack W. Leverenz of Carmoney Law Firm, PLLC, Des Moines, for appellee.

This wrongful-death action arises from a fatal fall from an apartment balcony and presents several issues on the applicability of the doctrine of negligence per se to an alleged municipal housing code violation. The thirty-two-inch high balcony railing complied with the local housing code when the apartment complex was constructed...

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