This section contains the nature of the case and procedural background.

It snowed approximately 22 inches. D was closed through February 19, 2003, because of the snowfall. P's daughter was a residential student at D. D had hired a company to remove the snow, and those services were provided on February 16 and 17. On February 18, D took over snow removal. At 8:00 a.m. on February 24, 2003, P drove approximately one hour from her home to visit her daughter at D because she needed to bring her daughter money. P arrived at MSU's campus with the intention of parking in parking lot T, the lot in front of her daughter's dormitory. P did not notice the ice and snow until she was already on top of it. She testified that once she pulled into the parking lot, she noticed that she was driving 'on crunchy ice and snow.' P found a parking spot near the entrance to the dormitory and parked without looking for a spot in another portion of the lot. P also testified that she 'had no other choice,' aside from that parking lot, as to where to park her car. P parked and exited her car. She noticed snow and ice on the ground between her car and the entrance to the dormitory. P held on to the cars next to her as she walked to reach her daughter's building. P's daughter testified that, like the parking lot, the driveway and steps in front of her dormitory had not been cleared. P testified that she held onto the railing when walking on the steps and walked very slowly. P reached her daughter's dormitory without incident. On her way back to her car, she walked slowly and tapped each car, while looking down at the ground 'to make sure that [she] didn't slip and fall.' She saw snow and ice on the ground as she was walking and testified that she was 'trying to be safe.' When P reached her vehicle, she lost her footing, fell to the ground, and fractured her leg, an injury that she claims has cost her approximately $50,000 in medical bills and lost earnings. P sued D alleging negligent failure to clear the parking lot of snow and ice. The Circuit Court granted summary judgment for D, holding that P voluntarily assumed the risk of her injuries by walking on the snow and ice. P appealed, and the appeals court reversed the Circuit Court, holding that, under the circumstances, the jury should decide whether P's decision to park in the lot and walk on the snow and ice was voluntary. D appealed.

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