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Scott v. Jenkins3/14/1997
punitive damages may only be recovered where the plaintiff has made an express claim for them in the prayer for relief . . . sufficient to put the defendant on notice that an award of punitive damages is sought apart from and in addition to, the compensatory damages claimed"), we acknowledge that other jurisdictions do not require a specific claim for punitive damages prior to their award. See Kubajak v. VerBrugge, 59 Ill. App. 2d 344, 348, 207 N.E.2d 344, 350 (1972); Berkovits v. Hanley, 338 N.Y.S.2d 339, 344, 40 A.D.2d 921, 921 (1972); Cays v. McDaniel, 204 Ore. 449, 457-58, 283 P.2d 658, 662 (1955); Tucker v. Reynolds, 268 S.C. 330, 335, 233 S.E.2d 402, 404 (1977); see also 25 C.J.S. Damages ยง 133 (and cases cited therein). Be that as it may, those jurisdictions do not share the generally restrictive view Maryland takes towards punitive damages, militating toward a higher standard of pleading when such damages are sought. The rule we announce today is consistent with that view.
In sum, in order to properly plead a claim for punitive damages, a plaintiff must make a specific demand for that relief in addition to a claim for damages generally, as well as allege, in detail, facts that, if proven true, would support the conclusion that the act complained of was done with "actual malice." Nothing less will suffice.
Viewed in light of the principles articulated above, the trial court erred by submitting Jenkins' punitive damages instruction to the jury. Even assuming that his Amended Complaint specifically and sufficiently alleged facts that would have supported the conclusion that Scott acted with the requisite "actual malice" to support a punitive damages award, Jenkins failed to make a specific claim for such damages. His prayer for damages and general relief were simply insufficient to inform Scott of the extraordinary nature of the additional relief sought against him.
VI.
Scott also assails the trial court's punitive damages instruction. Given our conclusion that Jenkins' complaint failed adequately to seek exemplary damages, and that therefore his claim for such damages should not have been submitted to the jury, any issue concerning the adequacy of that instruction has been rendered moot.
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED; CASE REMANDED TO THAT COURT WITH INSTRUCTIONS TO REVERSE THAT PORTION OF THE JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGE'S COUNTY WHICH CONSTITUTED PUNITIVE DAMAGES. COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS TO BE PAID BY RESPONDENT.
Bell, C.J. joins in the result only.
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