Fazio

— Robert Fazio, Jr., appeals from summary judgment entered in favor of defendant Fairbanks Ranch Country Club (Fairbanks). 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 claims the trial court erred by granting Fairbanks’s motion because a triable issue of fact exists as to whether Fairbanks constructed the stage in a way that unreasonably increased the risk of falling. We agree summary judgment was improper and reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Fazio is an experienced musician who had performed on stage many times before this incident. He was employed by a booking agency, Wayne Foster Entertainment Productions, to perform with a band of other musicians at Fairbanks’s country club on April 10, 2010. Fazio arrived at the country club around 3:30 p.m. and began setting up his equipment, including an amplifier for his bass guitar, on stage. The stage, which was owned…