Scott v. Jenkins

BISHOP, Judge. Appellee, Terry Napoleon Jenkins, filed a lawsuit against appellant, Robert Scott, in the Circuit Court for Prince George’s County asserting claims of assault, battery, false arrest, false imprisonment, slander, and intentional infliction of emotional distress. A jury found Scott liable for battery ⁴⁴² and false arrest and awarded Jenkins $150 in compensatory damages and $1,000 in punitive damages. Scott noted a timely appeal to this court.

I. ISSUE Scott raises a single issue on appeal, which we rephrase: Did the trial court err when it instructed the jury on punitive damages even though appellee failed to ask for punitive damages in his complaint?

II

FACTS Jenkins divided his complaint into five sections, each of which alleged facts giving rise to a different cause of action. At the conclusion of each section, he demanded “damages in the amount of $500,000,” “costs plus interest,” and “such other and further relief as the court may deem just and proper.” At the close of the evidence, the court, at the request of Jenkins and over the timely objection of Scott, instructed the jury that it could award punitive damages to Jenkins if it found that Scott’s behavior was sufficiently outrageous. The jury’s verdict, which included an award of $150 in compensatory damages and $1,000 in punitive damages, was subsequently entered by the trial judge.

III

DISCUSSION Scott contends that the trial court erred in instructing the jury on punitive damages because Jenkins failed to ask for them in his complaint. We disagree. Maryland Rules 2-303(b) and 2-305 are applicable to the disposition of the case sub judice. Rule 2-303(b) requires that “[a] pleading ... contain only such statements of fact as may be necessary to show the pleader’s entitlement to relief or ground of defense.” Rule 2-305 provides that “[a] pleading that sets forth a claim for relief ... shall contain a clear statement of the facts necessary to constitute a cause of action and a demand for judgment for relief sought.” ⁴⁴³ The purpose of the pleading rules is to ensure “that parties ... may be mutually apprised of the matters in controversy between them.” Pearce v. Watkins, 68 Md. 534, 538 , 13 A. 376 (1888) (citations omitted).

A party will be allowed to proceed on a claim only if his complaint adequately meets this goal of providing notice to the other side. See Smith v. Shiebeck, 180 Md. 412, 420 , 24 A.2d 795 (1942) (holding that plaintiffs could proceed with their suit for an injunction against defendant’s fence-building activities because complaint alleged sufficient facts to “apprise the defendant of the nature of the claim brought against him.”); Fischer v. Longest, 99 Md.App. 368, 380 , 637 A.2d 517 (1994) (holding that appellant could not proceed with his malpractice suit because pleadings did not adequately apprise appellant “of the nature of the complaint he [was] required to answer and defend.”) (citations omitted). At the very least, a party seeking punitive damages must allege facts in his complaint which show that the defendant acted with “actual malice.” See Heinze v. Murphy, 180 Md. 423, 430-31 , 24 A.2d 917 (1942) (holding that punitive damages may be awarded “if the injury has been inflicted maliciously or wantonly, and with circumstances of ... indignity”; also holding that such malice “must be actual, not constructive or