Moses v. The Pour House Restaurant

In Moses v. The Pour House Restaurant (June 3, 1992), 3d Dist. No. 16-91-81, 1992 Ohio App, the plaintiff had lunch with some co-workers at the defendant restaurant. The plaintiff and her friends were seated in a booth situated on an elevated platform. After lunch, as the plaintiff was exiting the booth, she fell while stepping off the platform. The court affirmed the trial court's award of summary judgment to the restaurant, holding "appellant was aware of the presence of the step which caused her fall. In order to be seated at the table she had to step up into the elevated platform." Id. at 5.