Tyburski v. Stewart

GEER, Judge.

Plaintiff Stephan Tyburski appeals from an order granting summary judgment to defendants George C. and Brenda B. Stewart based on the trial court’s conclusion that plaintiff had been contributorily •negligent as a matter of law. While staying in defendants’ rental house in Oak Island, North Carolina, plaintiff unexpectedly became locked in a sunroom and was injured while trying to escape. Because a genuine issue of material fact exists as to the reasonableness of plaintiff’s conduct, we reverse.

Facts

The parties do not significantly dispute the facts. Plaintiff, who is an employee…