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Bowden v. Caldor Inc.6/2/1998
No. 81, September Term, 1996
Samuel David Bowden v. Caldor, Inc., et al.
[Involves Several Important Issues Concerning Court Review Of Jurors' Punitive Damages Awards In Tort Actions]
Bell, C.J., dissents and concurs.
This case presents several important issues concerning court review of jurors' punitive damages awards in tort actions.
I.
In March 1988, the petitioner Samuel David Bowden, an African-American then sixteen years of age, was hired by the respondent Caldor, a regional retail department store chain, to work as a customer service representative in one of its Baltimore area stores. Shortly after reporting to work on June 15, 1988, Bowden was detained and interrogated for over four hours in a small, windowless office in the store by two employees of Caldor's security department, who accused him of stealing money and merchandise from the store. Bowden repeatedly denied their accusations. He made several attempts to leave the room or call his parents, but each time he was prevented from doing so by the security officers.
Bowden, out of fear, finally capitulated to the security officers' demands and signed a written statement, dictated by the security personnel, stating that he was responsible for thefts of money from the store. He was finally allowed to leave the store at approximately 11:00 p.m., nearly two hours after the store's scheduled closing time.
Bowden informed his parents of these events, and he and his mother returned to the store the following day to discuss the matter with the store's security manager and another store manager. During the discussion, the store manager shouted racial slurs at Bowden. The security officer, in the presence of Bowden's mother, grabbed Bowden's arm, led him to his office inside the store, and demanded that he and his parents make restitution for the alleged thefts. When Bowden refused his demands, he was handcuffed and paraded through the store in full view of his fellow employees and store customers. He remained in full public view until Baltimore County police officers arrived and arrested him.
In December 1988, a juvenile court dismissed the charges against Bowden, finding that there was insufficient evidence from which to conclude that he had committed thefts from the store. In fact, there was no evidence that there had been any thefts.
Thereafter, Bowden commenced a civil action against Caldor and several of its security personnel in the Circuit Court for Baltimore City, seeking compensatory and punitive damages. His complaint contained five counts charging false imprisonment, malicious prosecution, defamation, wrongful discharge, and intentional infliction of emotional distress. Following a jury trial, Bowden was awarded $110,000 in compensatory damages, apportioned in varying amounts among the five torts. At the conclusion of a separate trial solely on punitive damages, the jury awarded Bowden $350,000 in punitive damages against Caldor. There was no indication, however, of the manner in which the award was to be apportioned among the five separate alleged causes of action.
Following the verdict, Caldor filed motions for judgment notwithstanding the verdict (JNOV), a new trial, and/or a remittitur. The circuit court granted the JNOV motion on the wrongful discharge and intentional infliction of emotional distress counts but denied the motion as to the remaining three counts. The effect of the Court's action was to reduce the compensatory damages award against Caldor from $110,000 to $60,000. The court also denied Caldor's motion for a new trial on punitive damages, and the court left the punitive damages awa
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