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 154


1492


Counsel for Appellant Area of Law


Intercom Systems Carlos Melina v.


Corporation v. Bell Atlantic Actions against utility of Maryland, Inc.


Mattress Discounters, et al Appeal of Workers


Ivan Waldman 301- 439-3515 Compensation Awards


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 Constance Camus 301-441-3131 Smith/Prince George’s County


Krauser/Prince George’s County


Issues


Did the trial court err in ruling as a matter of law that plaintiff ’s claims of intentional and negligent acts against the defendant were within the primary and exclusive juris- diction of the Public Service Commission?


Is claimant barred from appealing to the Circuit Court from a denial of compensation benefits if the Workers Compen- sation Commission fails to notify the litigants of the Commissioner’s decision (which is not statutorily required)? The Circuit Court ruled that lack of notice was no defense to the running of the 30 days for the filing of an appeal.


1558 Vasilakopoulos, Inc. v. Michael Warshaw 410-244-1155 Quarles/Baltimore Boston Street Anchorage Corporation


Breach of Contract/ Commercial Lease


1772


Antonio Green, a minor v. Denise Malloy


City


Saul Kerpelman 410-547-0202 Ward/Baltimore Lead Paint Poisoning Civil Procedure


City


1788 Uninsured Employers Fund Esther Goldring 410-321-4137 Sharer/Allegany v. Kevin Pennel


Workers Compensation 1816 J. Fred Cohen v. Aileen Marie Lochman J. Fred Cohen 410-484-3059 ext. 16


Attorneys Fees/Vacating Enrolled Judgments


1837 Harry Gibbs v. Board of 1905 Rockville Fuel & Feed L. Douglas Jefferson 301-459-4275 Rollins/Cecil Education for Cecil County Workers Compensation Appeal County Company, Inc. v. Eric Phebus Workers Compensation


Robert D. Clark 410-744-5802 Mason/Montgomery County


County


Kahl/Baltimore County


Did the trial court err in granting summary judgment on behalf of the property owner ruling that the clause in the lease absolving the owner of liability for the tenant’s negli- gence was in fact an absolute exculpatory clause for which the defendant could not be held liable?


Did the trial court err in granting defendant’s motion for summary judgment on the basis that there was no notice and/or knowledge of the hazardous lead paint condition by the defendant and that the plaintiff failed to state a cause of action under the Maryland Consumer Protection Act?


Did the WCC and trial court err in holding that the break- fasts prepared by the employer and provided to the claimant should be considered in calculating “payroll” to determine if a farm worker is a covered employee?


In a domestic relations case, did the trial court err in enter- ing an order vacating an enrolled confessed judgment in favor of the appellant, J. Fred Cohen in the amount of $40,000. The confessed judgment represented the security for attorney Cohen’s fee and the anticipated fees and costs for any appeal.


Did the trial court err in dismissing a compensation appeal due to the failure of appellant to transmit the record?


Did the trial court err in denying employer’s motion for summary judgment which argued that there is no coverage for an employee who injures himself falling out of a dumpster into which he climbs to retrieve firewood for a personal camping trip?


36 Trial Reporter Summer 2000


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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