In a recent decision from the United States District Court for the Eastern District of Virginia – Alexandria Division, summary judgment was granted to a defendant based upon the assumption of the risk of the plaintiff. In the case of Raymond S. Burns, Jr. v. Washington Metropolitan Area Transit Authority, decided on July 12, 2012, the court determined that the plaintiff assumed the risk of his injuries and damages.

Mr. Jones suffered a severely fractured arm as a result of a fall in a parking garage that was owned, operated, and maintained by the Washington Metropolitan Area Transit Authority (“WMATA”). On March 1, 2009, the Washington, D.C. Metropolitan Area experienced a snow fall sufficient for the WMATA to declare a snow event/snow emergency following the issuance of a winter storm warning by the National Weather Services. WMATA put into action its snow preparedness activities which included dispatching personnel to the Vienna/Fairfax – GMU Metro Station (“the garage”) to remove snow and to treat for ice with deicer.

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