ADM v. MARTIN

No. 5, Sept. Term, 1996.

702 A.2d 730 (1997)

348 Md. 84

ADM PARTNERSHIP et al. v. Keen Tykenko MARTIN et al.

Court of Appeals of Maryland.

November 19, 1997.


Attorney(s) appearing for the Case

Edward J. Brown (McCarthy, Wilson & Ethridge, on brief), Rockville, for petitioners.

Bruce M. Bender (Jeremy K. Fishman, Van Grack, Axelson & Williamowsky, P.C., on brief), Rockville, for respondents.

Argued before BELL, C.J., ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI and RAKER, JJ., and ROBERT C. MURPHY, Judge (retired), Specially Assigned.


BELL, Chief Judge.

The issue this case presents is whether the "voluntariness" element of the assumption of risk defense is met when an employee encounters a known risk while performing a responsibility of her employment, but, nevertheless, based solely on her subjective belief that the failure to fulfill that responsibility may result in adverse economic consequences to her employer and ultimately to herself, proceeds to...

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