This section contains the nature of the case and procedural background.

P was injured while descending a stairway near his apartment. P rented a condo from the owner, and the unit was on the top floor of a three-floor building within D's premises. There were three stairways that could have been used by P to access his rental unit, but P chose to use the middle stairway that was just five feet from his front door. Two months prior to his fall, P reported to management that the floodlights on the middle stairway were not working. When P used the stairway, he tripped and fell. P sued D. The trial court directed the verdict for D as P assumed the risk and it also held that P was more negligent than D as a matter of law. This appeal resulted.

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