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Scott v. Jenkins3/14/1997
Opinion by Karwacki, J.
This appeal concerns the pleading requirements for a claim of punitive damages. We are asked whether a complaint seeking monetary damages for a tort must make a specific claim for punitive damages and whether that complaint must set forth facts that, if proven true, would entitle the plaintiff to punitive damages. The answer to both questions is yes. Consequently, for the reasons explained below, we shall reverse the judgment of the Court of Special Appeals.
I.
During the investigation of an assault and battery unrelated to the case sub judice, Prince George's County Police Officer, Corporal Robert Scott, Petitioner, assisted in the detention of a juvenile suspect. Scott was informed by Terry N. Jenkins, Respondent, that someone other than the detainee was responsible for the crime. For reasons disputed by the parties, Jenkins and Scott engaged in a scuffle, resulting in Jenkins' arrest for battering Corporal Scott. Jenkins testified at the trial below that the State nolle prossed his battery charge.
Shortly thereafter, Jenkins filed a Complaint and a demand for a jury trial in the Circuit Court for Prince George's County. Jenkins subsequently filed an Amended Complaint charging Scott, and others, individually and in their official capacities, with counts of assault, battery, false arrest, false imprisonment, slander, and intentional infliction of emotional distress. Jenkins' Amended Complaint demanded judgments for each count:
"1.
For damages in the amount of $500,000.00.
2.
For costs plus interest.
3. For such other and further relief as the court may deem just and proper."
Jenkins' Amended Complaint neither made a specific claim for punitive damages, nor did it allege that Scott acted with actual malice.
Following the close of all evidence at trial, Jenkins requested the submission of a punitive damages instruction to the jury. Scott objected, pointing out that Jenkins failed to plead punitive damages in his original and Amended Complaints and that no mention of punitive damages was made during trial until the discussion of jury instructions with the trial judge. The court overruled Scott's objection, noting that Jenkins' claim of $500,000 damages, given the nature of the case, should have forewarned Scott that punitive damages were being sought. Scott also objected to the form of the punitive damages instruction.
The jury returned a verdict in Jenkins' favor on the false arrest and battery counts, awarding him $150.00 compensatory damages, and $1,000.00 punitive damages. The verdict sheet did not indicate upon which of the two counts submitted to the jury the punitive award was predicated.
Scott appealed the judgment based on that verdict to the Court of Special Appeals, claiming that the trial court erroneously instructed the jury on punitive damages when Jenkins failed to specifically claim or plead such damages in his Amended Complaint. Noting that Jenkins' complaint averred that Scott had "placed his finger in Jenkins's nostril, that Scott was verbally abusive to Jenkins, that Scott beat Jenkins, and that Jenkins acted with due care at all times and did nothing to provoke such abusive behavior[,]" Scott v. Jenkins, 107 Md. App. 440, 443, 668 A.2d 958, 960 (1995), the intermediate appellate court concluded that "Scott was notified adequately of Jenkins' intent to seek punitive damages at trial." Scott, 107 Md. App. at 445, 668 A.2d at 960. We granted Scott's petition for certiorari to consider the adequacy of Jenkins' "claim" for punitive damages.
II.
Of the necessities for
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