Christoforou v. Lown

While I agree that the error in the jury instructions requires that the judgment be reversed and the case be remanded for a new trial, I disagree with the majority’s conclusion that plaintiffs did not establish a prima facie case of negligence. To the contrary, whether there was a defect in the building, lack of due care by reason of the insufficiency of the lighting in the hallway or the absence of a handrail at the steps are all matters for the trier of the facts. The plaintiff’s testimony was sufficient to enable the case to go to the jury and, contrary to the factual analysis by the…