Heath ex rel. Heath v. La Mariana Apartments

OPINION

ROBINSON, Judge.

{1} Melanie Heath’s (Plaintiff) three-year-old son sustained injuries after he fell through a space in the guardrail protecting the second-story balcony in front of the entrance to Plaintiffs apartment. Plaintiff subsequently filed this action against her landlord, as next friend for her son and on her own behalf, alleging various torts. Following a jury trial, Plaintiff appeals from the district court’s order directing a verdict on her claim for negligence per se and the jury’s verdict finding for Defendant on the remaining issue of negligence. On appeal, Plaintiff…