Carmichael v. Lexington-Fayette Urban County Government

COOPER, Judge.

This is an appeal from a summary judgment dismissing appellants’ complaint which alleged negligence on the part of the appellees, and sought damages for injuries sustained as the result of appellees’ negligence in conducting a smoke test of the sewer system. The issues are: (1) whether the appellants’ violation of the state’s plumbing code by not having their washing machine trapped was contributory negligence per se authorizing the granting of a summary judgment against the appellant as a matter of law; (2) whether the trial court erred in ruling the appellant, Mr. Carmichael,…