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Komornik v. Sparks8/26/1993
situations in which there is no evidence of actual intent to injure or of actual malice toward the injured person, but in which the defendant's conduct is of such an extraordinary character as possibly to be the legal equivalent of such actual intent or actual malice, sometimes described as 'wanton,' 'reckless disregard of the rights of others,' and the like."
Id. at 71, 257 A.2d at 198.
Smith v. Gray Concrete Pipe Co., 267 Md. 149, 297 A.2d 721 (1972), partially relying on the above-quoted passage from Conklin, accepted the argument advanced by the plaintiff in a motor vehicle tort case that negligence sufficient to convict for the crime of manslaughter should be the precedent for punitive damages, at least in motor vehicle tort cases. Id. at 167-68, 297 A.2d at 731-32. Smith regarded "a 'wanton or reckless disregard for human life' in the operation of a motor vehicle, with the known dangers and risks attendant to such conduct, as the legal equivalent of malice." Id. at 168, 297 A.2d at 731. The Smith Court thought it was adopting "a standard which, although stopping just short of wilful or intentional injury , contemplates conduct which is of an extraordinary or outrageous character." Id.
The Smith test was applied in Nast v. Lockett, 312 Md. 343, 539 A.2d 1113 (1988). There, a motorist's blood alcohol content was .12% when the statutory prima facie proof of intoxication was .13%. Id. at 354-56, 539 A.2d at 1118-19. The accident occurred when that motorist, after failing fully to execute a U-turn, and while attempting to complete the maneuver, backed the vehicle into the path of oncoming traffic. Id. at 347-48, 539 A.2d at 1115. After reviewing the Maryland automobile manslaughter cases, we concluded that the evidence was insufficient to show that the motorist had a wanton or reckless disregard for human life. Id. at 366-67, 539 A.2d at 1124-25. The result would be different, however, if the motorist were intoxicated. Id. at 366-67, 539 A.2d at 1125.
In Part IV.B. of the opinion in Zenobia, we reevaluated the Smith test and concluded:
"The implied malice test adopted in Smith v. Gray Concrete Pipe Co. has been overbroad in its application and has resulted in inconsistent jury verdicts involving similar facts. It provides little guidance for individuals and companies to enable them to predict behavior that will either trigger or avoid punitive damages liability, and it undermines the deterrent effect of these awards."
325 Md. at 459, 601 A.2d at 652. Zenobia returned to the Davis v. Gordon test of "conduct . . . characterized by evil motive, intent to injure, ill will, or fraud, i.e., 'actual malice.'" 325 Md. at 460, 601 A.2d at 652. That is the test that we apply here.
The Maryland Trial Lawyers' Association, citing numerous cases from many American jurisdictions, urges that, as a matter of public policy, punitive damages should be allowed where a motor vehicle tort is committed by a driver who has drunk alcoholic beverages to excess. A rule allowing punitive damages based on driving while intoxicated, or driving under the influence, per se, is inconsistent with Zenobia's touchstone of "actual malice." That is why Zenobia overruled Nast v. Lockett under which driving under the influence was insufficient, in itself, for awarding punitive damages, but driving while intoxicated would ordinarily be sufficient. Further, Z
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