## Facts

- A major snowstorm in Baltimore deposited roughly 22 inches of snow in mid-February 2003.
- Morgan State University (MSU) initially hired a contractor for snow removal but ended the contractor’s services and continued snow removal itself.
- MSU remained closed through February 19 due to the storm.
- On February 24, 2003, Pamela R. Walker drove to MSU to deliver money to her residential-student daughter.
- Walker entered an elevated campus parking lot near the dormitory and observed she was driving on “crunchy ice and snow.”
- After parking, Walker saw snow and ice between her car and the dorm entrance; the driveway and steps had not been cleared.
- Walker crossed the lot slowly, holding onto nearby cars, used the handrail on the steps, visited her daughter, and then returned along the same path.
- Upon reaching her car, Walker slipped and fell, fracturing her leg.
- Walker sued MSU, alleging negligent failure to clear snow and ice.

## Issues

1. Whether a plaintiff who knowingly traverses an obviously snow- and ice-covered parking lot assumes the risk of injury as a matter of law, barring recovery and supporting summary judgment.

## Decision

- The Court of Appeals of Maryland reversed the intermediate appellate court and reinstated summary judgment for MSU.
- The court held that Walker assumed the risk as a matter of law because undisputed facts showed she knew of, appreciated, and voluntarily confronted the risk of slipping on the icy lot.
- The court rejected Walker’s claim that her reason for visiting her daughter made her conduct involuntary, concluding a reasonable person had meaningful alternatives to confronting the danger.

## Legal Principles

- Assumption of risk requires proof that the plaintiff (1) had knowledge of the risk, (2) appreciated the risk, and (3) voluntarily confronted the risk.
- Voluntariness is evaluated under an objective standard: whether a reasonable person in the plaintiff’s position would have felt free to avoid the risk.
- When material facts establishing assumption of risk are undisputed, the defense may be decided as a matter of law on summary judgment.
- Open and obvious dangers support findings of knowledge and appreciation as a matter of law.
- Assumption of risk is distinct from contributory negligence and independently operates as a complete bar to recovery.

## Conclusion

Because Walker observed and responded to the obvious icy conditions yet chose to cross the parking lot when reasonable alternatives existed, the court held she assumed the risk as a matter of law and MSU was entitled to summary judgment.


Morgan State Univ. v. Walker, 397 Md. 509, 919 A.2d 21 (Md. 2007)