Matthews v. Amberwood Associates Ltd. Partnership, Inc.

I respectfully dissent based on the substance of the reasons presented in the dissenting opinion by Judge Chasanow.

Tragic cases may have tragic consequences when sympathy for a plaintiff interferes with a court’s ability to analyze the facts and apply the law. Sympathy for the victim of a tragedy should not serve as a substitute for evidence of duty, culpability, and proximate cause. The legal issue in this case is whether a landlord should have to pay over five million dollars solely because the landlord did not make a futile attempt to evict a tenant whose dog barked and growled at…