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Board of County Commissioners for Frederick County v. Vache5/14/1998
conditions were a special hazard as contemplated by the proximity exception.
We hold that adverse weather conditions present throughout an area generally do not constitute a special hazard because the conditions created by adverse weather are not a special peril to which employees walking on public sidewalks are peculiarly or abnormally exposed. The snow storm and the conditions generated by it, although obviously hazardous to all Frederick County citizens, were not unique to Frederick County employees working in the BOE building because any member of the general public could have walked on this same public sidewalk and encountered the same dangerous conditions. Therefore, because the icy sidewalk was not a special hazard, the proximity exception does not apply under the facts of this case.
IV. Conclusion
We hold that when an employee is injured on a public sidewalk en route to her place of employment while she was traveling from a parking lot not provided by her employer but from a privately-owned lot not associated with the employer's premises, the premise exception to the going and coming rule does not apply. We further hold that the proximity or special hazard exception does not apply when an employee is injured by falling on a public sidewalk outside of her place of employment when the fall is due to slippery conditions resulting from snowy, icy, or other inclement weather conditions.
JUDGMENT REVERSED; CASE REMANDED TO THE CIRCUIT COURT WITH DIRECTIONS TO REVERSE THE COMMISSION'S DECISION; COSTS TO BE PAID BY APPELLEE.
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