![]() These two rails were connected by vertical supports, one each at the top and bottom of the stairs and the other at the midway point. A bottom rail was positioned parallel to the handrail along the treads of the stairs. ![]() There was no handrail on the building side of the stairway, but there was a handrail on the side of the stairs away from the building. Plaintiff described the stairway as being thirteen to fourteen inches from the wall of the building. After checking the doors at ground level, plaintiff climbed an exterior metal stairway that led to the second floor of the field house. Upon their arrival at the field house, Officer Sheehy investigated the west end of the building, while plaintiff investigated the east end. On the evening of 6 June 1989, plaintiff and his partner, Officer Brendan Sheehy, were dispatched to the New Hanover High School field house in response to a silent alarm which was installed to alert the police department to break-ins on school property after school hours. Newton, was working as a uniformed patrol officer for the City of Wilmington Police Department. We answer in the affirmative and thus uphold the result reached by the Court of Appeals. The case turns on whether the police officer was entitled to the same protection as an invitee on the premises. In this case of first impression, we must determine whether the Court of Appeals properly reversed the trial court's entry of judgment for defendant notwithstanding a jury verdict for plaintiff, a police officer who was injured after entering defendant's property in response to a burglar alarm. Johnston, Wilmington, for defendant-appellant. Burns, Wilmington, for plaintiff-appellee.Ĭrossley McIntosh Prior & Collier by Francis B. ![]()
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