SOLESKY v. Tracey

I respectfully dissent from part II of the panel majority’s opinion. To be sure, the incident of April 28, 2007, was horrific. In my judgment, however, the circuit court correctly concluded that the evidence presented at trial by the plaintiffs was legally insufficient to sustain a verdict against the landlord. As a consequence, the circuit court properly granted the landlord’s motion for judgment under Maryland Rule 2-519 at the close of the plaintiffs’ case. See Veytsman v. New York Palace, Inc., 170 Md.App. 104, 112, 906 A.2d 1028 (2006).

The majority begins its opinion by stating that…