Lowman, the plaintiff appellee, is a tenant of Plant who fell and injured herself when attempting to negotiate a small second floor landing and steps. The trial court denied the defendant’s motion for summary judgment based largely on the plaintiffs deposition as follows: The stairwell was completely dark unless her second floor neighbor’s light was on; her light would not work due to a defective light switch at the bottom of the stairs; the management had agreed to repair the switch at the time she moved in but had never done so; she had complained about it five or six times; she usually used a back outdoor stairway because one could not see while traversing the indoor stairs unless the neighbor’s light was on; on the day in question it was raining and she elected to use the indoor stairs; she incorrectly thought there was a bannister and reached out for it but no bannister existed; the stairs were very slanted and were dangerously constructed. Held:
1. "There is no duty on the part of a landlord to maintain lights or to illuminate passageways, porches and steps in the absence of a contractual obligation to do so, or when so required by statute.”
Maloof v. Blackmon,
2. Questions necessitating a decision as to whether
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or not a given state of facts shows a lack of ordinary care for one’s own safety which will bar recovery (or assumption of the risk involved) or merely result in a reduction of the recovery under the comparative negligence rule are generally for the jury.
Stukes v. Trowell,
3. The appellant has cited a number of stairway cases, the majority of which were decided on general demurrer or directed verdict. Because of the requirement that the evidence on summary judgment will be construed against the movant, these cases are not determinative of the matter.
Goodwin v. Mullins,
Judgment affirmed.