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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 # 438-01520 Case Name

Faidley, et al. v. McDonalds

Corporation, et al.

Counsel for Appellant/ Area of Law

David F. Albright, Esq. (410) 823-5455 Premises Liability

Judge/ Jurisdiction

Christian H. Kahl/ Baltimore County


Where the plaintiffs are alleged to have been as- saulted during a visit to a McDonald’s restaurant, did the defendants have a duty to protect the plaintiffs from injury from third parties and was there notice of the threatened assault in time to avoid or limit the assault? The assault occurred after a verbal con- frontation resulting from a wait in line as long as 30 minutes during which the plaintiffs allege that they were wrongly accused of those behind them of holding up the line. The verbal confrontation was alleged to have taken place over a period of 15 minutes, thus, according to the plaintiff, providing McDonalds with sufficient notice.

439-01509 Maxwell Cohen, et al. Thomas McCarthy, Sr., Esq. Pamela North/ v. Transam Financial Services, Inc.

Contract/Civil Procedure/ County Attorney Regulation

(410) 268-4016 Anne Arundel

Did the trial court err in awarding over $82,000 in attorneys’ fees and costs against the appellant attorney in connection with a temporary restraining order, preliminary injunction and final hearing on the merits which took place within the space of eight (8) months involving a dispute over the discharge of an attorney by the appellee and the resolution of their legal relationship? In this case, the bill of costs submitted was for over $100,000 and the award of fees was alleged to be based on the mere request for it without even the allegation of any grounds for such an award in law or fact.

440-310 Bell, et al. v. Flores Joseph A. Miklasz, Esq.

(410) 768-3337 Leslie Hayes Russo, Esq. (410) 749-3900 (Oral Agrument) Motor Vehicle Accident

Paul G. Goetzke

In this motor vehicle accident case, did the trial judge err by instructing the jury that the collateral source rule does not apply to lost wages? Did the trial judge further err by submitting the issue of defendant’s liability to the jury when liability had already been conceded and stipulated? In this case, a low judgment relative to the apparent value of the case was appealed by the plaintiff. The judg- ment totaled slightly more than $5,000 in a circuit court case involving serious and permanent injuries including an operation, the removal of a first rib and the release of the brachial plexus. New trial awarded. Petition for cert. pending.

52 Trial Reporter Summer 2006

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