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DARCARS v. BORZYM

No. 33, Sept. Term, 2003.

841 A.2d 828 (2004)

379 Md. 249

DARCARS MOTORS OF SILVER SPRING, INC. v. Marcin BORZYM.

Court of Appeals of Maryland.

February 9, 2004.

Attorney(s) appearing for the Case

Brent M. Ahalt (John P. Lynch of McNamee, Hosea, Jernigan, Kim, Greenan & Walker, P.A., on brief), Greenbelt, for Petitioner.

Lloyd J. Eisenberg (Lloyd J. Eisenberg & Associates, P.A., on brief), Silver Spring, for Respondent.

James E. Gray, Stephen E. Marshall, Mitchell Y. Mirviss, Vanable, Baetjer and Howard, L.L.P., Baltimore, brief of Amicus Curiae Wachovia, N.A. for Petitioner.

Argued before BELL, C.J., ELDRIDGE , RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

BATTAGLIA, J.

Darcars Motors of Silver Spring, Inc., petitioned this Court to review an award for punitive damages in favor of Marcin Borzym, who prevailed in a jury trial on a claim of conversion against Darcars. We conclude that the evidence was sufficient to support the jury's finding that actual malice motivated the tort. Further, we hold that Borzym had no duty to present evidence of Darcars' financial condition in support...

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