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ST. LUKE CHURCH v. SMITH

No. 44, September Term, 1988.

318 Md. 337 (1990)

568 A.2d 35

ST. LUKE EVANGELICAL LUTHERAN CHURCH, INC. v. GINNY ANN SMITH.

Court of Appeals of Maryland.

Motion for Reconsideration Denied February 22, 1990.

Attorney(s) appearing for the Case

H. Patrick Donohue (Armstrong, Donohue & Ceppos, Chartered, both on brief), Rockville, for petitioner and cross-respondent.

Glenn M. Cooper (Mindy G. Farber, Hope B. Eastman, Paley, Rothman, Goldstein, Rosenberg & Cooper, Chartered, all on brief), Bethesda, for respondent and cross-petitioner.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

BLACKWELL, Judge.

The main issue in this appeal is whether a jury, in calculating an award of punitive damages, was properly instructed to consider attorney's fees incurred by the plaintiff in the underlying cause of action. In this country, the prevailing party in a lawsuit is not ordinarily entitled to recover reasonable attorney's fees as an element of damages. Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240

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