Schreiber v. Philip & Morris Restaurant Corp.

Defendant restaurant appeals from a judgment based on a jury verdict of $25,000 in favor of plaintiff after trial of a personal injury negligence action.

Plaintiff, a retired 78-year-old minister, had been under treatment for 10 years prior to the accident in suit, for cataracts in both eyes. He sustained grave injuries to one of his diseased eyes following a fall from a step or platform leading into the men’s room located at the bottom of a flight of stairs in the basement of defendant’s restaurant.

Plaintiff contends that the door of the men’s room which opened inward, hid the existence of a…