Appellate Watch by Walter E. Laake


Walter E. Laake, Jr. is a founding 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 holds the office of President-Elect of MTLA, and is a Member of its Board of Governors and a member of its President’s Club as an Eagle. 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 Peer Review Panel, the TLPJ, and is a Life Member of ATLA. His practice includes professional negligence, product liability, and general personal injury law.


The Appellate Watch Program and articles in the quarterly Trial Reporter have been a part of MTLA member services for several years. Appellate Watch was instituted for several reasons: First, the Program alerts our Amicus Committee about any cases and issues of importance to the MTLA. Second, members are advised of the issues pending before the Court of Special Appeals. Finally, due to the gracious assistance of Court of Special Appeals Clerk, Leslie Gradet, MTLA is able to provide members with copies of appellate briefs cited in these articles. To obtain a copy of a brief at nominal cost, contact MTLA’s Executive Director, Robert Lembo. Please use the order form that appears at the end of Appellate Watch.


Case # Case Name 192-342-02 Tasha Mole v


Counsel for Appellant Area of Law


George Harper Jerrilyn Jutton, M.D., et al. (301) 627-2700 Medical Malpractice/Battery


193-493-02 Terry Kilcoyne, et al. v Michael J. Kopen Banks of Eden Farm, Inc. (410) 822-3900


Civil Procedure/ Punitive Damages


194-670-02 Michael C. Fitzpatrick v Robert Earl Wilson Jean Connelly, Personal


(301) 952-1311


Representative of the Motor Vehicle Accident/ Estate of George Hall Denial of Mistrial Motions


195-838-02 John B. Memel v Jim Mulrooney & Assoc., Inc., et al.


196-1235-02 Burton Saunders, et al. Nelson Alawode


Benjamin M. Kahrl Woodward/ (202) 408-6898


Landlord Tenant/ Summary Judgment


Kathleen Howard Meredith Sothoron/Prince (410) 685-1166


Medical Malpractice/ Jury Selection Irregularities/ Evidentiary Rulings


197-1415-02 David Allan Brooks v David Batzer Arches Enterprises, Inc. t/a Meineke Muffler


198-1435-02 Karen A. Vogel v T. Joseph Touhey


199-1462-02 Lauren Dellis v Harford Mutual


Insurance Company Carr/Harford County (410) 879-2002


Slip & Fall/ Summary Judgment


Christopher Hoge (202) 483-2900


Legal Malpractice/ Judicial Estoppel


Ralph Arnsdorf (410) 752-8700


Uninsured Motorist Claim Summary Judgment


32 Trial Reporter Daniels/ Baltimore County Rowan/ Montgomery County George’s County Montgomery County Krug/ Calvert County Horne/ Calvert County Judge


Jurisdiction Lerner/Anne


Arundel County Issues


Did the trial court err in refusing to instruct the jury on the issue of battery and in only submitting the claim to the jury on the issue of medical negligence not withstanding the physician’s exceeding the scope of the informed con- sent?


Did the trial court err as a matter of law in awarding puni- tive damages where the complaint contained no specific claim for punitive damages and sought only rescission of contract as a remedy?


Did the trial court abuse its discretion in not granting a mistrial when Plaintiff’s counsel requested a mistrial on five separate occasions because of Defense counsel Thomas McMannus’ improper argument with respect to Plaintiff ’s claim and Plaintiff’s chiropractor?


Did the trial court err in granting landlord’s Motion for Summary Judgment holding that the tenant was guilty of contributory negligence as a matter of law when he stepped in a hole in the backyard of the premises breaking his ankle which his landlord had agreed to repair months before?


Did the trial court err in confusing counsel as to the order in which the jury panel would be selected, denying Plaintiff’s counsel the right to redirect one of Plaintiff ’s expert wit- nesses and in failing to allow Plaintiff ’s to impeach the Defendant by his multiple failures at board certification on fifteen (15) occasions?


Did the trial court err in granting Defendant’s Motion for Summary Judgment notwithstanding the fact that the De- fendant had piled snow which allowed water to run across the parking lot in a dangerous manner?


Did the trial court err in dismissing Plaintiff ’s legal mal- practice claim by ruling that her comments at the time her domestic relations case settled that the agreement was “fair and equitable,” precluded her bringing a legal malpractice claim thereafter against her attorney?


Did the trial court err in granting Summary Judgment for a claim under the Plaintiff’s UM policy for injuries that she sustained when rocks were hurled through the wind- shield striking and injuring her?


Summer 2003


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