KOMORNIK v. SPARKS

No. 135, September Term, 1992.

331 Md. 720 (1993)

629 A.2d 721

DONNA KOMORNIK v. GREGORY LESTER SPARKS.

Court of Appeals of Maryland.

August 26, 1993.


Attorney(s) appearing for the Case

Dennis F. O'Brien (White, Mindel, Clarke & Foard, Towson, all on brief), for appellant.

Paul D. Bekman (Scott R. Scherr, Israelson, Salsbury, Clements & Bekman, all on brief), Baltimore, for amicus curiae Maryland Trial Lawyers' Ass'n.

Edward C. Mackie (Rollins, Smalkin, Richards & Mackie, Baltimore), all on brief, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.


RODOWSKY, Judge.

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...

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