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Chad Ruby
v.
Justina Sheehan
Appellant
Chad Ruby
Appellee
Justina Sheehan
Attorney for the Appellant
Gary Dickey and Matthew Sahag
Attorney for the Appellee
Jon A. Vasey
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Webster County, Angela L. Doyle, Judge. AFFIRMED. Considered by Bower, C.J., and Buller and Langholz, JJ. Opinion by Langholz, J. (17 pages)
Chad Ruby appeals the district court’s grant of summary judgment dismissing his premises-liability and negligence-per-se claims and its denial of his cross-motion for partial summary judgment on his negligence-per-se claim—all brought against Justina Sheehan, the host of a party where Ruby was stabbed by another guest. OPINION HOLDS: On the premises-liability claim, Sheehan—as a possessor of a private residence and social host—had no duty to prevent another guest from stabbing Ruby during the party. And Ruby’s negligence-per-se claim fails because the city ordinance is not specific enough to establish a negligence-per-se standard. We thus affirm the district court’s grant of summary judgment to Sheehan and its denial of Ruby’s cross-motion.