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

McCutcheon (P), a tenant of United (D), was injured one evening when she fell down an unlighted flight of stairs leading from her apartment. She alleged that D was negligent because the lights at the top and bottom of the stairwell were not operative. Fuller (P), also a tenant, was injured as he descended the outside stairs of his apartment on his way to work. A step pulled loose, causing him to fall. He, too, alleged negligence on the part of D. D defended both suits based on the exculpatory clause in Ps’ month to month rental agreements. The exculpatory clause stated: neither the Lessor nor his Agent, shall be liable for any injury to Lessee, his family, guests or employees or any other person entering the premises or the building of which the demised premises are a part. The trial court in both suits granted a dismissal. Both Ps appealed.

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