The defendant Church brought a motion for summary judgment to dismiss a slip and fall claim by the plaintiff, who suffered injuries in the Church's icy parking lot.
The Church argued it had a reasonable winter maintenance system and that the plaintiff willingly assumed the risk.
The court dismissed the motion, finding genuine issues requiring a trial regarding whether the Church breached its duty of care under the Occupiers' Liability Act and whether the plaintiff's actions constituted a willing assumption of risk under the narrow interpretation of the volenti doctrine.
