Fazio v. Fairbanks Ranch Country Club
Annotate this CaseRobert Fazio, Jr. appealed the grant of summary judgment entered in favor of defendant Fairbanks Ranch Country Club. Fazio, a professional musician, filed a lawsuit against Fairbanks claiming negligence after he fell from a stage on Fairbanks's property before a performance. Fairbanks argued in its motion for summary judgment, among other things, that as a musician who regularly performed on stage Fazio assumed the risk of falling. On appeal, Fazio argued there was a triable issue of fact as to whether Fairbanks constructed the stage in a way that unreasonably increased the risk of falling. The Supreme Court, after review, agreed summary judgment was improper and reversed the judgment.
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