Panagoulis v. Philip Morris & Co.

The crux of this case is whether reasonable men could find that the plaintiff would not have fallen down the defendant’s stairs except for faulty construction of the handrail. We believe they could and therefore the case should have been submitted to the jury. Sayfie v. Gordon, ante, 182. Taking the evidence most favorable to the plaintiff (Shimkus v. Caesar, ante, 286; Chase v. Company, ante, 483) we find the plaintiff testified in part as follows:

"When I went to the landing of the stairs, I went to step down. As I went to step down, I went to get the railing. I missed and went head-first…