Marylou Hein, et al. v. Oriental Gardens, Inc., et al.

Premises liability - slip and fall - The restaurant was located at 921 Walnut in Kansas City,
Missouri. On August 27, 1992, the appellant and two companions
went there for lunch. When they arrived, they were greeted by a
waiter, who escorted them to their table. The waiter led them
through the restaurant and onto a raised platform seating area.
While walking toward the table, the appellant fell off a step
down from the platform and broke her arm.

In her petition, plaintiff alleged that she was a business
invitee of the corporation and that, as such, it had a duty to
provide her with reasonably safe premises. She alleged that this
duty was breached because she was not warned about the step and
there was no return railing blocking her access to the step off
the platform. She also alleged that the respondents acted as
general contractors on behalf of the corporation in making
improvements to the restaurant, and that they were negligent in
failing to install and maintain handrailings, and in failing to
post warning signs of the step. She further alleged that her
injury was a foreseeable result of their negligence.

The jury returned a verdict assessing 33 1/3% fault of plaintiff and finding that she sustained $60,747.00 in damages.

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Affirmed by the Missouri Court of Appeals, Western District. See: 988 S.W.2d 632 (Mo.App. W.D. 1999).