Dodge Plaza Limited Partnership leased an 8800 square foot space to tenants for use as a banquet hall and disco hall. Under the use provision of the lease, the tenant agreed that "the operation of its night club in the demised premises shall be consistent with the operation of a first class night club in the Metropolitan Washington, D.C. area." The tenant further agreed to take appropriate measures to assure a first class operation, including providing security.

After the nightclub had been operating for approximately four years, William H. Smith attended a musical performance by the band known as "Rare Essence." He was stabbed numerous times by another patron attending the performance. Smith then sued several parties, including the landlord and the real estate broker who negotiated the original lease. The trial court granted summary judgment in favor of the broker and the landlord.

Smith appealed the court’s grant of summary judgment as to the landlord, arguing that his case was similar to Matthews v. Amberwood Assocs. Ltd. Partnership, 351 Md. 544 (1998), in which the court had permitted recovery against a landlord who had permitted a vicious pit bull to remain on the premises in violation of a "no pets" clause in the lease. The courts disagreed with Smith, and refused to expand the duties owed by landlords to invitees of their tenants.

The Court of Special Appeals found no reason to diverge from the general rule that there is "no duty on the part of the landlord to provide security within the premises demised to tenants to protect employees or invitees of the tenants from criminal violence by third persons."

Smith v. Dodge Plaza Limited Partnership, et al., No. 2400, September Term, 2001, Court of Special Appeals of Maryland, decided December 3, 2002.