- The parents of a Des Moines woman who fatally fell from a balcony in 2011 are appealing a judge’s decision to grant a new trial in a lawsuit related to the death.
Kathryn Winger and Timothy Potts filed a notice Friday that appeals Polk County District Court Judge Richard Blane’s ruling to overturn a $1.75 million jury award in connection to the death of 21-year-old Shannon Potts. She fell from a second-story balcony at Grand Stratford Apartments in July 2011.
An investigation determined the length of the building’s balcony railings violated city code. Attorneys for the building’s owners later said their client can’t be legally negligent in the death because the city’s housing appeals board had given them an extension to update the railings.