Appellate Watch by Cary J. Hansel
Cary J. Hansel is a shareholder 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
454-02678 Mark John Kowalski Carl H. Goodman, Esq. v. First Student, Inc., Et al.
(410) 563-5350 Negligence/Motor Vehicle Accident
Judge/ Jurisdiction
Circuit Court for Baltimore City
Judge not specified Issues
In this case, a bus making a left turn stopped in the intersection due to a pedestrian cross- ing in the crosswalk. A taxi driver approach the intersection from the opposite direction continued through his green light and struck the bus. The issue on appeal is whether the taxi driver was negligent given the effect in the case of the Boulevard Rule.
455-00332 Pat Hodge v.
National Wholesale Liquidators, et al.
Negligence/Slip and Fall
John S. Lopatto, III, Esq. Judge not specified (202) 861-5800
Where an accident report created by the defendant was lost, may a slip and fall plaintiff rely on the theory of spoliation for the inference that the accident report would have shown that the store had notice of a baby oil spill prior to the slip and fall. Another issue in the case is whether the plaintiff met the burden of proving that the store had prior notice of the dangerous condition. The plaintiff testified that the amount and distribution of baby oil on the floor made it appear as if it had been spilled and an attempt had been made to clean it up. Store employees testified that only employees would clean up such a spill.
456-00540
Richard Doyle, et al. v. Finance America, LLC
(301) 862-4400
Contract/Arbitration Agreements
John A. Mattingly, Jr., Esq. Durke G. Thompson Montgomery County
Whether an arbitration clause is enforceable where: 1) the purported arbitration agree- ment is alleged to be a contract of adhesion; 2) the defendant seeking to enforce the clause allegedly failed to meet its own conditions precedent; 3) class actions are excluded from arbitration; and 4) the plaintiff alleges that the arbitration agreement is unconscionable both substantively and procedurally. This suit seeks the recovery of interest allegedly wrongfully collected by Finance America from its Maryland customers in violation of Maryland law.
54 Trial Reporter Winter 2007
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