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
- 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.