Torts Keyed to Franklin
Davenport v. Cotton Hope Plantation Horizontal Property Regime
Facts
Plaintiff reported to his apartment building management that a floodlight in a stairway near his apartment was not working. Plaintiff used the stairway anyway and was injured in a fall. Plaintiff then sued Defendant, the landlord. Defendant argued that Plaintiff had assumed the risk when he used the stairway knowing that the light was out. Defendant also argued that if the court applied comparative negligence, Plaintiff was more negligent as a matter of law. Defendant moved for a directed verdict and the trial court granted it. The appellate court reversed and the state Supreme Court granted review.
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