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

O'Callaghan (P), a tenant in Waller's (D) apartment building, was injured when she fell while crossing a paved courtyard on her way from the garage to her apartment. P alleged that the defective pavement in the courtyard caused her injury. P's lease contained an exculpatory clause which relieved D from liability for negligence. The jury returned the verdict for P of $14,000 and D appealed. The Appellate Court ruled for D and upheld the exculpatory clause. The verdict should have been directed for D. The trial court ruling was reversed. P appealed.

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