Legal Opinion · Dissent

Slack v. Villari

Court of Special Appeals of Maryland

Decided June 11, 1984No. 1771, September Term, 1983Published

1DissentAlpert, Judge

The majority concludes that the Villaris failed to produce, as a matter of law, sufficient evidence of the Slacks’ negligence and strict liability to survive a motion for directed verdict. In reaching this result, I believe that the majority has proceeded far beyond the accepted scope of appellate review by deciding factual issues and usurping the function *478of the jury. Moreover, in my view, today’s decision ignores the purpose of leash laws and overlooks the large body of caselaw which holds that these laws are not violated in the absence of some negligent act by the animal’s owner. In my…

2Cases cited40 opinions

  1. Aravanis v. EisenbergCourt of Appeals of Maryland · 1965
  2. Bramble v. ThompsonCourt of Appeals of Maryland · 1972
  3. Volkswagen of America, Inc. v. YoungCourt of Appeals of Maryland · 1974
  4. Farrior v. PaytonHawaii Supreme Court · 1977
  5. Alex v. ArmstrongTennessee Supreme Court · 1964

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