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Schroyer v. McNeal

Court of Appeals of Maryland

592 A.2d 1119 (1991)

Relevant factsFree

McNeal (plaintiff) slipped on ice in the parking lot of the Schroyers' (defendants) Holiday Inn and broke her ankle, after four inches of snow and sleet had fallen. She had been assigned a room far from the entrance, contrary to hotel policy in bad weather, and after gingerly but successfully crossing the icy path into the hotel once, she slipped while walking back out to her car for her belongings. McNeal conceded the area was slippery but argued the hotel failed to maintain the lot or warn her of its condition; the jury awarded her $50,000 despite the assumption-of-risk defense being raised, and the trial court denied the Schroyers' post-trial motions.

IssueFree

Whether assumption of the risk is a complete defense when a defendant successfully shows that a plaintiff had knowledge and appreciation of a known risk and voluntarily chose to encounter it.

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