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Case No. 23-0596

For summaries from opinions prior to August, 2018, view PDF versions here

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:
23-0596
Date Published:
Apr 10, 2024
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.

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