Lowery's Tavern, Inc. v. Dudukovich

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• plaintiff fell into elevator shaft after walking into dark alley instead of using well-lit public sidewalk to reach his destination
• the question of whether the plaintiff exercised due care for his own safety “is ordinarily reserved for the jury,” and “it may be summarily adjudicated [only] where [the plaintiff’s] knowledge of the risk is clear and palpable”
• the question of whether the plaintiff exercised due care for his own safety “is ordinarily reserved for the jury,” and “it may be summarily adjudicated [only] where [the plaintiff’s] knowledge of the risk is clear and palpable”
• A building owner was entitled to summary judgment where the plaintiff walked down an unfamiliar alley, opened a service door at the side of an unknown building, stepped into a pitch-black doorway, and fell down an elevator shaft.

Source: CourtListener parenthetical corpus (CC0).