# Wright v. House of Imports, Inc.

> Kentucky Supreme Court · September 20, 2012 · 381 S.W.3d 209

URL: https://www.frixlaw.com/law-library/cases/5111289

## Case

- **Full name:** Benjamin WRIGHT, Jr. v. HOUSE OF IMPORTS, INC. d/b/a In Style
- **Court:** Kentucky Supreme Court
- **Decided:** September 20, 2012
- **Citations:** 381 S.W.3d 209; 2012 Ky. LEXIS 141; 2012 WL 4243648
- **Precedential status:** Published
- **Opinion:** Concurrence by Schroder
- **Judges:** Abramson, Also, Cunningham, Minton, Noble, Only, Schroder, Scott, Venters
- **Cited by:** 73 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5111289

## Opinion text

SCHRODER, J.,
Concurring:
I agree with the majority that this is a common law negligence action, and not a negligence claim based on a statutory or regulatory standard of care. If the claim had been based on the state building code, it would fail because building codes are *215 not retroactive. They apply to new construction or remodeling only. Existing buildings and structures are subject to housing codes or property maintenance codes if adopted by the local city or county government. There was no need to give an instruction on violation of current or past building codes. Also, in this case there was no evidence of the building code in effect at the time the building was constructed, nor the property maintenance code at the time of the fall.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5111289. Public record. Not legal advice.