Property and Casualty Survey, Inc. (PCSI), Robert Andrews, inspected Kathleen Wagner’s home at the request of her homeowners insurer to help assess renewal rates and coverage levels. After completing the interior work, he stepped into the backyard and fell down the wooden railroad-tie stairs built into the ground. He admitted that he knew the stairs were present peripherally, that he was not looking where he stepped, and admitted that if he had looked down he probably would not have fallen. They speculated that he may have slipped on water or moss but did not inspect the stairs. He received workers’ compensation benefits. Andrews and his wife Paula sued Wagner for negligence and premises liability; Paula added a claim for loss of consortium. Wagner died during the litigation, and his personal representative, Kurt A. Wagner defended the case.
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