Appellate Watch by Cary J. Hansel
Cary J. Hansel is an attorney with Joseph, Greenwald & Laake, P.A. in Greenbelt, Maryland. He received his JD from George Washington University School of Law and his undergraduate degree from Washington and Lee University. Since being admitted to the bar in December 1999, Mr. Hansel has concentrated his practice in trial and appellate advocacy. He has argued and/or authored briefs in ten reported cases in the appellate courts of Maryland, two on behalf of MTLA.
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, David B. Walls, CAE, CMP. Please use the order form that appears at the end of Appellate Watch.
Case # Case Name
Counsel for Appellant/ Area of Law
391-00262 Nelson Alan Bair v. Gorman E. Getty, III Norfolk Southern
Judge/ Jurisdiction (301) 777-8032 Washington Railway Company, et al. Personal Injury/Railroad County Judge Boone/ Issues
Whether the Appellant/Plaintiff was contributorilly negligent in crossing a railroad track in his automobile. The appellant’s view was blocked by one of the appellee’s vehicles. Nevertheless, the appellant pulled forward, looked both ways and continued to cross the railroad tracks. An approaching railcar struck the appellant.
392-4405 Wakif Gobrial, et al. Interstate Ventures, Inc. (410) 321-5770 C. William Michaels
Confirmation of Arbitration Award
Judge Gelfman/ Howard County
Were the appellants properly held in contempt for failing to place into escrow monies which the appellee claimed it was owed and which were ordered to be placed into escrow by the Circuit Court in response to appellee’s motion to com- pel arbitration? This case is noteworthy for those working with arbitration provisions because the appellee was able to obtain, in addition to an order compelling arbitration, an order escrow- ing funds with the arbitrator prior to any arbitration proceedings.
393-221-05 Elbam Hildebrant v.
Educational Testing & Whitney A. Moore Howard County Service, et al.
Charles R. Claxton
(301) 280-2700 Confirmation of Arbitration Award
394-2444-04 Wende Winston v. Rachel Mae King
Judge Gelfman/
May the Educational Testing Service be held li- able when one of its test proctors is alleged to have inappropriately reported irregularities lead- ing to the cancellation of scores? At issue in the case was the appellant’s taking of the standard- ized PRAXIS Series School Leaders Licensure Assessments Test and allegedly refusing to stop writing when time was called.
Scott M. Hartinger (301) 698-8182
Worker’s Compensation Frederick County Judge Tisdale/
In this Worker’s Compensation case, the issue is whether the Circuit Court erred in finding that cognitive impairments were causally related to an accident wherein a school crossing guard for the City of Frederick was struck by a vehicle while performing her duties. There was medi- cal evidence that allegedly demonstrates that the conditions were not trauma-induced and pre- existed the accident.
40 Trial Reporter Winter 2006
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