On Monday, the Maryland Court of Special Appeals decided Allen v. Marriott Worldwide Corporation, a Montgomery County slip and fall on ice case. The case sends a clear message to most ice slip and fall cases will not get to a jury. [2013 Update: The court changes this law.]
This is just a small step forward – the court eradicates a potential factual distinction between black ice that cannot be seen by the naked eye and white ice. But after Morgan State University v. Walker, it is hard to expect a good slip and fall opinion from Maryland’s appellate courts absent compelling circumstance where the injury victim really had no choice – defined nearly literally – but to be where he or she was at the time of the fall.
You can find the opinion here.