At the time of the accident, the plaintiff's blood alcohol content was ultimately determined to be .23 percent. At the rental, he and the young woman went out onto a deck and entered a spa. He became lightheaded and sat up on the edge of the spa and then passed out, tumbling backward. Unbeknownst to the plaintiff, the spa had been placed in a corner immediately up to a railing that was even with the top of the spa. The defendant landowner was mindful that this was too close and he placed 4-inch Plexiglas along the top of the railing that proved to be wholly inadequate for protecting any occupant. The plaintiff fell backward 20 feet and landed on a log, suffering a burst fracture of his L1 and L2 vertebral bodies, rendering him a paraplegic.