MRR&K Obtains Judgment Against Lack-of Illumination Claim

Plaintiff Pamela Schanz filed her Complaint against Defendants Coney Island, Inc. and Park River Corporation dba Moonlight Gardens in the Hamilton County Court of Common Pleas asserting negligence by the Coney Island Defendants in creating and/or permitting a hazardous condition on their premises in the form of an unlit set of stairs at the Moonlight Gardens building.

On June 10, 2005, Plaintiff and her now ex-husband attended a dance at the Moonlight Gardens. After several hours of dancing at the Moonlight Gardens, Plaintiff decided to leave. As the dance floor is located on the second (middle) level of the building, Plaintiff proceeded to a set of stairs. At the time Plaintiff decided to leave the building, Plaintiff knew that she was about to descend a set of stairs that were in an observable area of the building that was darker than the dance floor. Plaintiff had used the stairs during prior visits at the Moonlight Gardens without incident. As Plaintiff approached the first step, she inexplicably lost her balance and fell down the stairs. As a result of Plaintiff’s fall, she sustained injuries to her right shoulder, right wrist, and knee.

On behalf of Coney Island, Bob Stoffers and Jeff Maynard asserted that it is entitled to summary judgment based upon the open-and-obvious doctrine, as Plaintiff possessed knowledge of the steps and had previously descended the steps, without harm, in the same condition as on the night of her accident.

Regarding Plaintiff’s lack-of-illumination claim, Plaintiff admitted in her deposition that she possessed prior knowledge of the darkness and that she was aware, prior to her descent, that she was going to go down the stairs while in a dark environment. As such, she failed to take reasonable precautions to avoid an open and obvious condition present at the time of her incident.

On November 6, 2007, Judge Beth Myers granted Coney Island’s Motion for Summary Judgment. Judge Myers held that under established Ohio law, the subject stair steps and attendant darkness represented an open and obvious condition that Plaintiff possessed prior knowledge about and failed to protect herself from. Plaintiff did not appeal the Court’s decision.