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


Counsel for Appellant Area of Law


221-902-02 Raymond D. Thomas, et al. John M. Quinn, v Deneb Corporation, et al. (301) 762-1696


Employment Law/ Breach of Contract


222-1362-02 Kymberly A. Klosowski Joseph C. Ruddy, Jr., v Marcus Lionel Jones, et al. (301) 699-5666


Motor Vehicle Law/ Evidentiary Issues


223-1630-02 Henry Rehn v Westfield America, et al.


Alan H. Legum, (410) 263-3001


Negligence/Slip and Fall/ Summary Judgment


224-1658-02 Erie Insurance Exchange, Edward J. Brown, et al. v John Dixon, d/b/a (301) 762-7770 Dixon Electric, et al.


Caroom/Anne Arundel County


Fire Loss/Negligence/ Civil Procedure


Caroom/Anne Arundel County


Shepherd/Prince George’s County


Judge Jurisdiction


Mason/Montgomery County


Issues


Did the trial court err in granting summary judgment in favor of Comsec Corporation who that claimed through a series of stock sales and mergers to have legally extinguished the stock options and stock awards that employees had pre- viously been granted?


Did the trial court err in admitting into evidence an edited “highlight” tape from six hours of surveillance ordered by Albert Randall, Esq., and further err in allowing the sur- veillance detective to give his opinion based upon his six hours of observation as to whether the Plaintiff appeared to be “permanently disabled” in a case where the jury awarded nothing for future damages or permanent disabil- ity?


Did the trial court err in granting Defendant’s Motion for Summary Judgment by ruling that Chick-Fil-A in the An- napolis Mall had no duty to Plaintiff since it did not lease the premises in front of its counter and that Annapolis Mall had no liability to Plaintiff since the unrefuted evidence was that the liquid which caused the Plaintiff to slip and fall had been on the floor for less than four minutes prior to his accident?


In this fire loss claim for subrogation by the appellant, which resulted in a verdict for the Defendant contractor, did the trial court err as a matter of law in awarding separate defen- dants peremptory strikes, and allowing defendants to confer regarding the exercise of those strikes; and in instructing the jury on the “mere happening” of an accident; and in refusing to strike for cause a juror who advised in voir dire that she was a close personal friend of the defendant’s ex- pert witness and that she worked at a forensic engineering firm?


225-1772-02 Washington Metropolitan Cheryl C. Burke, Area Transit Authority


(202) 962-2557


v Kenneth D. Hewitt Workers’ Compensation/ Attorney’s Fees/Penalty for Late Payment


226-2019-02 Betty L. Manders v Gloria Julius


Jonathan A. Kopin, (410) 730-7730


Negligence/Slip and Fall/ Governmental Immunity/ Res Judicata


30 Trial Reporter


Spellbring/Prince George’s County


Lamasney/Prince George’s County


Did the trial court err in awarding sanctions for late pay- ment of attorneys’ fees where the employer established good cause for the delay in payment and the claimant suffered no prejudice by reason of the delay?


Did the trial court err in granting the Defendant’s Motion for Summary Judgment based on res judicata as to the De- fendant an individual employee of the Town of Riverdale Park which was previously sued but dismissed based on gov- ernmental immunity?


Fall 2003


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