Jacobs v. Commonwealth Highland Theatres, Inc.

BABCOCK, Judge.

Defendant, Commonwealth Highland Theatres, Inc., appeals the judgment entered against it on a jury verdict awarding plaintiff, Betty Jacobs, $100,000 compensatory and $150,000 exemplary damages. We affirm in part and reverse in part.

In 1982, plaintiff was walking down the center aisle of defendant’s theater when she stumbled on a step and fell, breaking her hip. The theater was dark, and the step was not lighted. Although two signs warned of the step, neither was close to the step, and one was below eye level. Ushers often forgot to warn patrons about the step. Moreover, the…