Stainko v. Tri-State Coach Lines, Inc.

STATON, Judge.

This appeal concerns Andrew Stainko's fall into a work pit in the defendants' garage. The trial court, finding that Stainko had incurred the risk as a matter of law, awarded summary judgment to the defendants. We consider the following issues:

1. Whether Stainko was a licensee or an invitee on the defendants' property.

2. Whether the evidence and inferences, read in a light most favorable to Stainko, establish as a matter of law that he voluntarily exposed himself to the peril of an uncovered, unlighted, and unguarded work pit.

We reverse.

The evidence favorable to Stainko, the…