Defense attorneys, however, argued that the employee who showed them where the table was had cautioned them to mind the step. Further, evidence was presented that plaintiff had been to other similar night clubs before and was aware that lower lighting was often used. Further, defense testified the steps were open and obvious in a location that was noticeable and readily visible, even in spite of the low light.

Much of the testimony presented at trial came down to, “How dark was it?”

Further, the surgeon who treated plaintiff testified the operation wasn’t related to her fall.