The facts of that case are quite distinguishable from those in the case at bar. In that case an investigating police officer testified that the black ice surprised him. He had not expected to encounter ice as there was nothing in the weather conditions to indicate it. The ice was localized and he thought it had perhaps come from a spill. Another investigating officer testified he also was surprised by the ice – it was unique and not a general condition. Likewise, in Hearn v. Rowland the driver came upon the scene of an accident and applied his brakes, skidding on black ice which he had not seen.
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