213096P.pdf   01/26/2023  Victor Maldonado  v.  City of Sibley
   U.S. Court of Appeals Case No:  21-3096
   U.S. District Court for the Northern District of Iowa - Western   
   [PUBLISHED] [Kobes, Author, with Colloton and Kelly, Circuit Judges] 
   Civil case - Torts. Plaintiff was injured when a piece of downspout he was 
   installing came into contact with the city's electric line; the line met 
   the clearance requirements in place when it was installed, but did not 
   meet current standards. With respect to plaintiff's claim for negligence 
   per se based on a violation of the Iowa Administrative Code section 
   adopting the National Electric Safety Codes, the line was grandfathered 
   and inspection of the line since its installation did not identify any 
   violation of the codes; as a result, the district court properly entered 
   summary judgment for City on the negligence per se claim; however, with 
   respect to plaintiff's negligence claim, a jury could consider failure to 
   comply with the current clearance standard to be evidence of negligence, 
   and the district court erred in entering summary judgment for the city on 
   that claim; the claim was not barred by Iowa's public-duty doctrine 
   because it involved the city's misfeasance.