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Komornik v. Sparks8/26/1993
Opinion by Rodowsky, J.
The issue here is whether punitive damages are available in this motor vehicle negligence action in which the defendant was intoxicated at the time of the accident. Applying Owens-Illinois v. Zenobia, 325 Md. 420, 601 A.2d 633 (1992), the Circuit Court for Baltimore County ruled that the evidence was insufficient to support a finding of "actual malice." We agree.
The appellant, Donna Komornik (Komornik), was injured at dusk on December 22, 1989, in a four-vehicle accident caused by the appellee, Gregory Lester Sparks (Sparks), then age thirty. Komornik had been stopped for approximately thirty seconds at a red light for southbound traffic on Merritt Boulevard at its intersection with Holabird Avenue when her automobile was struck in the rear by the car behind her, causing her to strike the car in front of her. The car behind Komornik had been propelled forward when it was struck in the rear by a pick-up truck driven by Sparks and owned by his sister. Sparks had been travelling southbound on Merritt Boulevard at a speed of approximately twenty mph. when he saw the brake lights of the cars stopping or stopped at the traffic signal. He applied the clutch rather than the brake. Damage to the Pontiac Firebird driven by Komornik was approximately $1,000, while damage to the pick-up truck was approximately $1,700.
At the time of the accident, Sparks was intoxicated. Prior to the commencement of the trial in this civil action, Sparks admitted liability for the accident. Based on that admission and on Zenobia, Sparks moved in limine to preclude, as irrelevant to any issue in the case, any evidence of his intoxication and of his driving record. After a chambers conference, the parties went on the record. The court announced that, relying on Zenobia, punitive damages could not be awarded and, therefore, the motion in limine was granted. Komornik then placed on the record a proffer of proof, set forth below, that forms the basis for this appellate review.
The action proceeded to trial before a jury. No instruction on punitive damages was given. The jury's verdict in favor of Komornik awarded compensatory damages. No issue is raised on this appeal concerning that aspect of the case.
Komornik appealed to the Court of Special Appeals, contending that "the trial court erred in concluding that the decision of the Court of Appeals in Zenobia requires proof of intent to injure, evil motive, or ill will in order to recover punitive damages in a tort action against an intoxicated driver." This Court, on its own motion, issued the writ of certiorari prior to consideration of the matter by the Court of Special Appeals.
The proffer made by Komornik adds the facts set out below.
On the day of the accident, Sparks had left work at noon, went to a local lounge, ate lunch, and drank beer in an amount he professed he could not recall. He then proceeded, with a friend driving, to another bar where he drank sour mash whiskey and Coca-Cola in an amount he cannot recall. Sparks's friend then dropped Sparks off at home, where he lived with his parents and sister. Sparks did not own an automobile at the time, but he wanted to go Christmas shopping. Seeing his sister's keys in their customary location on top of a desk, he took the keys and drove his sister's pick-up truck. Sparks apparently became lost, and, after driving around for about one hour, found himself on Merritt Boulevard. As Sparks approached a line of cars stopped at a red light, he attempted to stop, but he depressed the clutch rather than the brake pedal, causing the four-car collision.
The Baltimore County police
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