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

Rickey (P) was an elevator operator, and as she ascended a circular staircase to reach the area designated for her coffee break, she stepped on the narrow portion of the step and slipped and fell. There was no handrail on the narrow portion of the stairs. At the close of evidence, the trial judge directed a verdict for D under assumption of the risk in that P knew of the condition of the stairs and walking on the narrow portion. P appealed.

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