Study Aids
Case Briefs Overview
Casebooks
Case Briefs
W

Winger v. C.M. Holdings, L.L.C.

881 N.W.2d 433 (2016)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Winger v. C.M. Holdings, L.L.C.

Iowa Supreme Court
881 N.W.2d 433 (2016)

  • Written by Sharon Feldman, JD

Facts

C.M. Holdings, LLC (C.M.) (defendant) owned an apartment complex. Although the height of the balcony railings in the complex’s buildings complied with the municipal housing code when the complex was built, the height of the railings violated the current code. C.M. received a citation for the height violation, ordered higher railings, and was granted an extension of time to install new railings. Three days later, the daughter of Kathryn Winger and Timothy Potts (the Wingers) (plaintiffs) fell over the original railing and died. The Wingers filed a wrongful-death premises-liability action against C.M., claiming that the shorter balcony railing violated the municipal housing code. The court ruled that C.M.’s tort liability was not excused by the fact that the shorter railings were grandfathered out of the current code or that C.M. had been granted an extension of time to replace the railings. The jury was instructed that C.M.’s violation of the housing code constituted negligence per se. The court ruled post-trial that the doctrine of negligence per se did not apply to a local housing ordinance and ordered a new trial. The Wingers and C.M. appealed, the court of appeals affirmed, and the Iowa Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Waterman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Torts

Key Terms

Related Videos