Hemmings v. Pelham Wood Ltd. Liability Ltd. Partnership

*549RAKER, J.,

dissenting, joined by CATHELL, J., and HARRELL, J.

I would affirm the judgment of the Circuit Court for Baltimore County and the judgment of the Court of Special Appeals. See Hemmings v. Pelham Wood, 144 Md.App. 311, 797 A.2d 851 (2002). The Court of Special Appeals held that the landlord did not owe a duty to protect the tenant from criminal activity committed by third persons within the premises demised to the tenant, an area in which the landlord was no longer able to exert control. I agree.

Plaintiff, Suzette Hemmings, brought a wrongful death and survival action alleging lack of…