Legal Opinion
Schaefer v. Miller
Court of Appeals of Maryland
Decided March 26, 1991No. 112, September Term, 1989PublishedCited by 41 opinions
1Opinion of the Court
MURPHY, C.J.,
announcing the judgment of the Court, in an opinion in which RODOWSKY and McAULIFFE, JJ., join; ELDRIDGE, J., concurs in the judgment in an opinion in which COLE and CHASANOW, JJ., join.
This case concerns punitive damages in a medical malpractice action. It focuses on our holding in H & R Block Inc. v. Testerman, 275 Md. 36, 838 A.2d 48 (1975), that “where the tort is one arising out of a contractual relationship, actual malice is a prerequisite to the recovery of punitive damages.” Id. at 47, 338 A.2d 48.
I
It is well settled law in Maryland, and the general rule elsewhere, that…
2Cases cited25 opinions
- Sard v. HardyCourt of Appeals of Maryland · 1977
- St. Paul at Chase Corp. v. Manufacturers Life InsuranceCourt of Appeals of Maryland · 1971
- Knickerbocker Ice Co. v. Gardiner Dairy Co.Court of Appeals of Maryland · 1908
- H & R BLOCK, INC. v. TestermanCourt of Appeals of Maryland · 1975
- Miller v. KennedyCourt of Appeals of Washington · 1974
20 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Owens-Illinois, Inc. v. ZenobiaCourt of Appeals of Maryland · 1992
- Philip Morris Inc. v. AngelettiCourt of Appeals of Maryland · 2000
- Murphy v. EdmondsCourt of Appeals of Maryland · 1992
- Alexander & Alexander Inc. v. B. Dixon Evander & Associates, Inc.Court of Appeals of Maryland · 1994
- Ellerin v. Fairfax SavingsCourt of Appeals of Maryland · 1995
36 more not listed; retrieve them via the Exa API.