CASE EXAMPLE $6-10$

Ball v$.$ Hilton Hotels, Inc.

$290$ N$.$E$\mathrm{.}2$d $859($Ohio $1972)$

It appears from the record that the plaintiff, a resident of Michigan, went to Cincinnati, Ohio, on May $27,1967,$ with a reservation to stay at the defendant's hostelry, known as the Terrace Hilton Hotel.

Upon arrival at the hotel, she was informed by the defendant's doorman that there was a downtown area electric power failure and there was no lighting or elevator service in the hotel. The hotel lobby and registration desk were on the eighth floor of the hotel building. The plaintiff checked her baggage with the doorman and then inquired about the use of restroom facilities.

In response to her request, the doorman advised plaintiff the restroom was downstairs; that it would be quite dark on the staircase due to the electric power failure; that plaintiff would not be able to see the doors to the restrooms; and that the doors to the restrooms were located to the right at the bottom of the stairway. The doorman gave the plaintiff a small lighted candle, and she proceeded down the darkened stairway, moving slowly and carefully groping along the handrail.

After arriving at the platform portion of the stairway $[$apparently the halfway point of the flight of stairs$],$ plaintiff $[$apparently believing she had reached the bottom of the stairs$]$ began to grope about for the restroom door and, while so doing, she fell to the bottom of the stair steps and received personal injuries.

In her complaint against the hotel, plaintiff alleges that her personal injuries and resulting damage were directly and proximately caused by the negligence of the defendant in inducing her to enter a hazardous, darkened area of the hotel facility....