Morgan State University v. Walker
Maryland Court of Special Appeals
919 A.2d 21 (2007)
- Written by Sharon Feldman, JD
Facts
Pamela Walker (plaintiff) had a daughter who attended Morgan State University (MSU) (defendant). Six days after a major snowstorm, Walker drove to MSU because her daughter needed money. When Walker entered the elevated parking lot near her daughter’s dormitory, she noticed she was driving on ice and snow. Walker exited her car and saw snow and ice on the ground between her car and the dormitory entrance. Walker walked slowly from her car to the entrance holding onto the cars next to her. The driveway and steps in front of the building had not been cleared, so Walker held the railing. After visiting with her daughter, Walker walked back to her car slowly, touching each car and looking down to make sure she did not slip and fall. Walker lost her footing when she reached her car, fell, and fractured her leg. Walker sued MSU, claiming that MSU had negligently failed to clear the parking lot of snow and ice. The circuit court granted MSU’s motion for summary judgment, ruling that Walker voluntarily assumed the risk of her injuries by walking on snow and ice. The intermediate appellate court reversed, holding that it was a fact question for the jury whether Walker’s decision to walk on snow and ice was voluntary. MSU appealed.
Rule of Law
Issue
Holding and Reasoning (Greene, J.)
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