75 A.3d 1038
Md. Ct. Spec. App.2013Background
- Evergreen, owner/landlord of a four‑level building at 1 West Main Street, Frostburg, Maryland, leased the first floor and part of the basement to Crawford for Gianni’s Pizza.
- The basement had a back door that could be locked/unlocked with a key; the door could be accessed by Evergreen’s tenants’ employees.
- A fire originated in the basement on May 26, 2009, causing substantial damage to the building.
- Evergreen filed a complaint alleging the fire was caused by an unnamed third party who gained access via an unlocked door, and Crawford’s control or actions allegedly contributed to the loss.
- Evergreen asserted a breach-of-contract claim under Section 5 of the lease and a negligence claim; Crawford moved for summary judgment, which the circuit court granted on both claims.
- The court held there was no duty owed by Crawford to Evergreen to secure the premises against unforeseeable criminal acts of a third party.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty owed by Crawford to Evergreen for third‑party crime | Evergreen argues tenant duty to secure premises exists due to control and foreseeable risk | Crawford contends no special relationship or duty under Restatement §315 and no landlord‑tenant duty to protect from unknown third parties | No duty; summary judgment upheld |
| Breach of contract under lease provisions | Section 5 requires maintaining premises; failure to secure could breach | R.P. § 8‑113 precludes recovering for fire damage absent tenant negligence; no duty found | No breach; § 8‑113 bars recovery absent negligence; summary judgment affirmed |
Key Cases Cited
- Rhaney v. UMES, 388 Md. 585 (Md. 2005) (limits on landlord control and duty to third parties)
- Scott v. Watson, 278 Md. 160 (Md. 1976) (landlord duty when knowledge of crime on premises exists)
- Hemmings v. Pelham Wood LLLP, 375 Md. 522 (Md. 2003) (foreseeability and control in landlord liability for criminal activity)
- Latty v. St. Joseph’s Soc’y of Sacred Heart, Inc., 198 Md.App. 254 (Md. 2011) (defines ‘special relationship’ under §315)
- Granger Univ. Ave. Corp. v. First State Ins. Co., 99 A.D.2d 1022 (N.Y. 1984) (tenant duty to prevent vandalism distinguishing facts)
- Marshall v. Price, 162 Md. 687 (Md. 1932) (distinguishes landlord liability for nuisance vs. tenant duties)