Schroyer v. McNeal

592 A.2d 1119 (1991)

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Schroyer v. McNeal

Court of Appeals of Maryland
592 A.2d 1119 (1991)

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Facts

Frances McNeal (plaintiff) filed suit against Thomas and Patricia Schroyer (defendants), owners of a Holiday Inn hotel, after she slipped on a patch of ice, fell, and broke her ankle in the hotel’s parking lot. At the time of the incident, four inches of sleet and snow had fallen in the surrounding area. McNeal requested a room close to an exit because she needed to cart boxes back and forth from her car to her room. McNeal was assigned a room at the far end of the west side entrance, contrary to hotel policy during inclement weather. After parking her vehicle McNeal exited her car and gingerly stepped across the snow and ice to the entrance and made it inside the building successfully. On her way back outside to her car to get her belongings, McNeal slipped and fell. McNeal alleged that the Schroyers failed to properly maintain the parking lot and failed to warn her of its condition. McNeal conceded that the area was slippery, but that it did not prevent her from entering the hotel the first time. The jury held for McNeal and awarded her $50,000 despite the issue of assumption of risk being raised. The trial court denied the Schroyers’ request for judgment notwithstanding the verdict or, in the alternative, a new trial. The Schroyers appealed. The intermediate appellate court affirmed. The Court of Appeals of Maryland granted certiorari to review.

Rule of Law

Issue

Holding and Reasoning (Bell, J.)

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