Case Name/Case # Injured Worker’s
Insurance Fund v.
Appellant C ounsel/ Area of Law
Leslie Hayes Russo, Esq. (410) 749-3900
Eastern Shore Gas Negligence/Fireman’s Rule Company, Inc. 462-02660-06
Joshua Speers v.
Tommy Stankevich 463-01984-06
Alan S. Albin, Esq. (973) 285-3304 Negligence
Julie S. Solt Frederick County
Judge/ Jurisdiction
Theodore Eschenburg Worcester County
Issues
Whether the Fireman’s Rule applied to a firefighter who did not engage in any firefighting activities, but rushed to his next door neighbor’s house to respond to a gas explosion that destroyed the house. The defendant did not respond to the scene as a result of a call through official channels, but simply because he heard the commotion. As a result, the plaintiff argues that the Fireman’s Rule should not apply.
Whether the plaintiff, a minor, was contributorily negligent in riding his bicycle the wrong way on the shoulder of Westbound Route 40 in Frederick, Maryland. The plaintiff was struck by a driver who admitted that he failed to look in the direction of travel prior to turning onto the road and the collision.
Robert K. Smith v.
The Sports Authority (301) 654-5757 464-02698-06
Thomas A. Gentile, Esq. Negligence/Slip and Fall
Sean D. Wallace Prince George’s County
Whether the trial court erred in granting summary judg- ment for the defense on the grounds that the plaintiff was contributorily negligent. The plaintiff testified that he did not see a foot measuring device, which caused his fall because he was looking down the aisle to see the fishing equipment that he had come to purchase. The plaintiff further testified that he was not looking directly down at his feet while walking.
About the Author
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.
Copies of any of the appellants’ briefs cited in this article are available to members for $20 each. Please be sure to note the Case # as shown in the “Appellate Watch” table.
56 Trial Reporter Fall 2007
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