United States Fourth Circuit

Summary judgment for defendants in a negligence action in which plaintiff claims injuries suffered when he was working in a utility bucket positioned above an unblocked lane of traffic when a tractor-trailer truck driven by defendant Lamer struck the bucket, is vacated and remanded, where: 1) the assumption-of-risk defense does not apply here, because Maryland law carves out an exception for persons such as workers in the street in the course of the normal pursuit of their duties; and 2) evidence tended to show that a material factual dispute for the jury exists as to what precautions and actions a reasonable person in plaintiff's position would have taken, and therefore summary judgment on the basis that plaintiff was contributorily negligent was inappropriate.

Appellate Information

• Decided 02/25/2014
• Published 02/25/2014

Judges

• FLOYD

Court

• United States Fourth Circuit

Counsel