Olivier v. Leaf & Vine

In Olivier v. Leaf & Vine, 2d Dist. No. 2004 CA 35, 2005 Ohio 1910, the plaintiff and her friend went to the defendant restaurant for lunch. The hostess seated them at a table on an elevated area. The plaintiff and her friend both stepped up and took their seats. After lunch, when the plaintiff attempted to step down, she fell. The court affirmed the trial court's grant of summary judgment to the restaurant, holding that "Olivier was necessarily on notice of the height of the single step to the raised seating area due to her prior use. Olivier could not have taken her seat and eaten in that area without successfully stepping onto the platform." Id. at P42.