Schroyer v. Mcneal

592 A.2d 1119 (1991)

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Nature of the Case

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Facts

P arrived at the Holiday Inn when four inches of sleet and ice had accumulated. P observed that the area in front of, and surrounding, the main lobby area, where hotel guests registered, had been shoveled and, thus, was reasonably clear of ice and snow. She also noticed that the rest of the parking lot had neither been shoveled nor otherwise cleared of the ice and snow. P parked her car in front of the hotel while she registered. P requested a room where it would be easy to 'cart' boxes and paperwork back and forth to her room. She was assigned a room close to the west side entrance. This was done notwithstanding the hotel's policy of not assigning such rooms during inclement weather. Contrary to policy, P was not advised that she should not use the west entrance and, of course, no warnings to that effect were posted near that entrance. P drove her car from the main entrance to within ten to fifteen feet of the west side entrance. She got out of her car, she noticed that the sidewalk near the entrance had not been shoveled and, furthermore, that the area was slippery. She removed her cat from the car and crossed the ice and snow carefully, and without mishap. On the return trip, she slipped and fell, sustaining an injury. P sued D. P testified that the immediate area where she parked her car, was 'packed ice and snow' and was slippery. P denied that it was unreasonable for her, under the circumstances, to try to traverse the parking lot; she 'didn't think it was that slippery. I didn't slip the first time in.' D moved for summary judgment in that P had assumed the risk. P got the verdict, and D appealed. The court of appeals confirmed, and D appealed.