The plaintiff, Christopher Howarth (Howarth), appeals from a final judgment entered in favor of the defendant, Gilbane Building Company (Gilbane), on the grounds that Howarth assumed the risk of his injuries and that Gilbane did not have a duty to warn of an open and obvious danger. We ordered the parties to show cause why we should not decide this matter summarily. Upon review of their written submissions and oral arguments, we conclude that the...
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