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Komornik v. Sparks8/26/1993
officer who investigated the accident noted that Sparks had been drinking. Sparks did not pass various field sobriety tests "to the officer's satisfaction." Sparks consented to the administration of a breathalyser test, which indicated a blood alcohol content of .19, almost twice the level of prima facie intoxication. Sparks was ultimately convicted of driving on this occasion while intoxicated, in violation of Md. code (1977, 1992 Repl. Vol.), ยง 21-902(a) of the Transportation Article (TR).
Komornik also proffered records of the Motor Vehicle Administration reflecting Sparks's driving record. In his oral summary of that record Komornik's counsel noted a May 1982 probation before judgment for driving under the influence , and a December 1984 conviction for driving while intoxicated. The latter resulted in an assessment of twelve points against his driving record and a restricted license for three years. In November 1989 Sparks refused a blood alcohol test so that his motor vehicle operator's license was suspended. After the subject accident, Sparks was convicted of driving under the influence based on the November 1989 arrest. The suspension for the November 1989 test refusal was in effect when the December 22, 1989, accident occurred, although Sparks, on deposition, indicated that he was unaware of that suspension. Sparks was not charged with driving at the time of the subject accident on a suspended license.
Zenobia held:
"Therefore, we overrule Smith v. Gray Concrete Pipe Co. [, 267 Md. 149, 297 A.2d 721 (1972)] and its progeny, including Nast v. Lockett, 312 Md. 343, 539 A.2d 1113 (1988). In a non-intentional tort action, the trier of facts may not award punitive damages unless the plaintiff has established that the defendant's conduct was characterized by evil motive, intent to injure, ill will, or fraud, i.e., 'actual malice.' See Davis v. Gordon,. . . 183 Md. [129,] 133, 36 A.2d [699,] 701 [(1944)]."
325 Md. at 460, 601 A.2d at 652-53 (footnotes omitted).
Having used the term "'actual malice,'" we immediately recognized in a footnote following that term that it
"has meant different things in the law, that its popular connotation may not always be the same as its legal meaning, and that its use has been criticized. Nevertheless, we simply use the term in this opinion as a shorthand method of referring to conduct characterized by evil motive, intent to injure, ill will, or fraud."
325 Md. at 460 n.20, 601 A.2d at 652 n.20 (citations omitted).
So that there could be no misunderstanding of the scope of Zenobia's holding, we inserted the following footnote at the end of the holding, quoted above:
"The scope of this opinion primarily encompasses the standard of conduct which will support an award of punitive damages in so called non-intentional tort cases, i.e. negligence and strict liability cases. In addition, our overruling of the Testerman-Wedeman 'arising out of contract' principle is applicable to all tort actions. We shall not at this time, however, reconsider or modify the legal principles concerning the type of conduct which will support an award of punitive damages in so-called intentional tort actions, i.e., tort actions other than negligence and strict liability. To some extent, the applicable legal principles are reviewed in Schaefer v. Miller, 322 Md. 297, 319-320, 587 A.2d 491, 502-503 (1991)."<
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