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POOLE v. COAKLEY

No. 130, September Term, 2010.

31 A.3d 212 (2011)

423 Md. 91

George POOLE v. COAKLEY & WILLIAMS CONSTRUCTION, INC., et al.

Court of Appeals of Maryland.

October 27, 2011.

Attorney(s) appearing for the Case

Bruce M. Bender (Axelson, Williamowsky, Bender & Fishman, P.C., Rockville, MD), on brief, for Appellant/Cross-Appellee.

James X. Crogan (Krause, Fizer, Crogan & Lopez, Owings Mills, MD), on brief, for Appellees/Cross-Appellants.

Wanda G. Caporaletti (Anthony D. Dwyer of Law Office of Anthony Dwyer, Ellicott City, MD; Robert L. Hebb of Semmes, Bowen & Semmes, Baltimore, MD), on brief, for Appellees/Cross-Appellants.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

GREENE, J.

In this case, we consider whether George Poole's ("Appellant's") personal injury claim for injuries suffered when he slipped and fell on black ice was properly resolved on summary judgment based on Appellant's alleged assumption of the risk. Based upon the record, we cannot say, as a matter of law, that Appellant had knowledge of the risk that resulted in injuries, when, in making a delivery during the course of his employment, he chose to walk through...

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