Branham v. Loews Orpheum Cinemas, Inc

In Branham v. Loews Orpheum Cinemas, Inc., 8 N.Y.3d 931 (2007), the plaintiff was injured when returning to her seat from the restroom mid-movie, she tripped over a boy who was sitting in the aisle of the theater. The theater showed that wall sconces were dimmed during the movie but that the aisle lighting remained on, illuminating a path to the front row. Plaintiff submitted her testimony that she saw no lights in the theater. According to plaintiff, it was very dark in the theater at the time she left and when she returned. She did not observe any lights along the floor of the center aisle, nor did she see any lighted exit signs or lights on the theater walls. The Court of Appeals found that plaintiff failed to raise a triable issue of fact whether the lighting in the theater was inadequate.