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Owens-Corning Fiberglas Corp. v. Garrett8/28/1996
ard by which conduct will be judged is clear, predictable and consistent and persons can thus conform their behavior to avoid punitive liability. Godwin, 340 Md. at 362, 667 A.2d at 129 (citing Zenobia, 325 Md. at 455, 601 A.2d at 650). Therefore, we established a test for awarding punitive damages in Zenobia, reiterated in Godwin, in which we made clear that a plaintiff must prove actual malice, not simply implied malice, to recover punitive damages in a non-intentional tort action. Zenobia, 325 Md. at 460, 601 A.2d at 652; Godwin, 340 Md. at 358, 667 A.2d at 127. We defined the term "actual malice" as "conduct characterized by evil motive intent to injure, ill will, or fraud." Godwin, 340 Md. at 359, 667 A.2d at 127-28; Zenobia, 325 Md. at 460 n.20, 601 A.2d at 652 n.20.
In products liability cases, however, we have recognized that such evil motive or ill will directed at the injured consumer by the manufacturer is unlikely. Therefore, we constructed a two-part test for actual malice in Zenobia, applied in Godwin as well, which still considers the intentions and state of mind of the defendant manufacturer but which can be readily applied in products liability cases where the actual contact between plaintiff and defendant is attenuated:
" Zenobia recognized the inherent difficulty in translating the aforementioned definition of 'actual malice' to products liability cases. We noted that 'it is not likely that a manufacturer or supplier of a defective product would specifically intend to harm a particular consumer.' Consequently, ' in products liability cases the equivalent of the "evil motive," "intent to defraud," or "intent to injure," which generally characterizes "actual malice," is actual knowledge of the defect and deliberate disregard of the consequences.' This two-part standard looks to the state of mind of the defendant."
Godwin, 340 Md. at 359, 667 A.2d at 128 (emphasis added) (citations omitted).
To meet the knowledge requirement of the Zenobia test for actual malice, a plaintiff must show more than constructive knowledge: "the plaintiff must show that the defendant actually knew of the defect and of the danger of the product at the time the product left the defendant's possession or control." Zenobia, 325 Md. at 462, 601 A.2d at 653-54 (emphasis in original). Demonstrating a "willful refusal to know" will also be sufficient to pass the first step of the test for actual malice, if the plaintiff can show that the defendant "'believes that it is probable that something is a fact, but deliberately shuts his or her eyes or avoids making reasonable inquiry with a Conscious purpose to avoid learning the truth.'" Godwin, 340 Md. at 360, 667 A.2d at 128 (quoting State v. McCallum, 321 Md. 451, 458, 583 A.2d 250, 253 (1991) (Chasanow, J. concurring).
Under Zenobia and Godwin, the plaintiff who successfully shows actual knowledge of the defendant, thereby passing part one of the Zenobia test, must then demonstrate the defendant's bad faith in order to meet the second requirement:
"Additionally, a products liability plaintiff must show that the defendant, having such actual knowledge, exhibited a conscious or deliberate disregard of the potential harm to consumers. Zenobia, 325 Md. at 463, 601 A.2d at 654. Under Zenobia it is clear that 'negligence alone, no mater how gross, wanton, or outrageous, will not satisfy this standard. Instead the test requires a bad faith decision by the defendant to market a product, knowing of the defect and danger, in conscious or deliberate disregard of the threat to the safety of the consumer.' Id. "
Godwin, 340 Md. at 360-61, 667 A.2d at 128 (emphasis added).
Moreover, under
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