Appellate Watch by Walter E. Laake


Walter E. Laake, Jr. is a partner in the firm Joseph, Greenwald & Laake, P.A. of Greenbelt. He received his J. D. from the Univ. of Maryland School of Law. Mr. Laake is a member of MTLA’s Board of Governors and a member of its President’s Club as a Founder. He serves as Vice-Chair of the Membership Committee and is a member of the Amicus and Unfair Insurance Claim Practices Committees. Mr. Laake is a Past President of the Prince George’s County Bar and serves on its Trial Courts Judicial Nominating Commission. He is also a member of the Attorney Grievance Commission’s Inquiry Panel, the TLPJ, and a Lifetime member of ATLA. His practice includes professional negligence, product liability, and employment law.


This column serves to advise you, our members, of issues of


importance currently before our appellate courts. If you would be interested in dedicating an hour or two to assist us in review- ing these cases, please give my office a call at 301-220-2200. MTLA is very grateful to our volunteer members who have thus far contributed their time and effort in helping to make this sec- tion of Trial Reporter a success.


Case # Case Name 162


239 663


Counsel for Appellant Area of Law


Damian F. Danowski v. Dana D. Brent


MTLA’s Volunteer Attorneys Reviewing Court Of Special Appeals Appellant Briefs


C. Christopher Brown Samuel M. Paavola Wayne M.Willoughby Evelyn Pisegna-Cook Douglas Clark Hollmann David G. Whitworth, Jr. Keith R. Siskind


Judge Jurisdiction


Bryan Renehan 301-869-1700 Ryan/Montgomery Family Law/Civil Contempt


County


Charles Beaufort, a minor v. Saul Kerpelman 410-547-0202 Mitchell/Baltimore Housing Auth. of


Lead Paint Poisoning


Baltimore City, et al. Brian Jackson v. Mayor


City B. Mayo Robertson 301-565-4200 Ahalt/Prince and City Council of Laurel Procedure/Police Misconduct George’s County Issues


Does a contempt order that provides for the automatic in- carceration of the husband upon the filing of a written suggestion by former wife that visitation has not been al- lowed violate due process?


Did the court err in granting summary judgment for the defendant in a lead paint case when there was evidence of lead paint in other buildings, but not in plaintiff’s building at the time of the inspection?


Did the trial court err in not granting plaintiff leave to amend his complaint to specifically plead compliance with the no- tice requirement of the local government tort claims act? Did the trial court further err in dismissing plaintiff’s com- plaint ruling that the city may not be sued under the doctrine of respondeat superior for actions of its police officers?


727 Charles Igwilio, et al. v.


The Property & Casualty Ins. Medical Malpractice/ Guar. Corp.


Civil Procedure 803 Walter Nelson, et al. v. Ralph Byrd 301-774-3117 Church Hospital Corporation Medical Negligence Smith/Baltimore City


Kathleen Meredith 410-685-1166 Angeletti/Baltimore City


In a medical malpractice action on behalf of the mother, father, and minor child, do the plaintiffs have 2 or 3 “cov- ered claims” under the defendant’s liability insurance policy and do the parents’ “covered claims” include damages for loss of services and pre-majority medical expenses for their minor daughter?


Jury found hospital negligent in failing to inform patient’s siblings of patient’s death from AIDS in the hospital. Jury found no damages suffered by plaintiffs. Did the trial court err in refusing to allow the plaintiffs to testify about their emotional distress in not knowing that their mother had died?


837 Millicent Kassama v. Matt Ballenger 410-727-8177 Aaron H. Magat, et al. Wrongful Birth/Damages


Cadigan/Baltimore County


In an action alleging negligence in depriving plaintiff the right to terminate pregnancy of a Down’s Syndrome baby, did the trial court err in permitting the issue of contribu- tory negligence, prohibiting evidence as to post-majority damages, permitting evidence, in contravention of the col- lateral source rule, of the availability of public services, and in dismissing the infant’s claim for damages?


909 Montrose Christian School Corp. v.


Barbara Ann Carver Spring 2000 Trial Reporter


David Pasti 301-762-1901 Religious Discrimination


Chapin/Montgomery County


909 Did the trial court err in granting summary judgment for employee of church who was terminated because the defendant sought to hire only employees who were of the same religion of the church?


(Continued on page 18) 17


Vicki Wolfson Thomas McCarthy, Jr. Philip A. Dales, III Jack Jay Schmerling Joseph A. Miklasz Diane M. Littlepage Michael L. Wilsman


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