Chong Kee Min v. Wun Sik Hong

MAUS, Presiding Judge.

In this action, the plaintiffs seek to recover for the wrongful death of their decedent who fell down the basement stairs in the home of the defendants. The plaintiffs’ verdict directing instructions were drawn from MAI 22.03. Recovery was premised upon “an unlighted hallway adjacent to an unlatched door and stairway” resulting in defendants’ premises not being reasonably safe. The trial court gave an instruction drawn from MAI 3d 32.28 and 20.02 tendered by the defendants which submitted the decedent’s comparative fault. The form of verdict submitted by the plaintiffs…