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MD HB1099

Bill

Status

Introduced

2/5/2025

Primary Sponsor

Luke Clippinger

Click for details

Origin

House of Delegates

2025 Regular Session

AI Summary

  • Punitive damages in negligence civil actions may only be awarded if the plaintiff proves by clear and convincing evidence that the defendant acted with "gross negligence," defined as disregard for others' safety characterized by failure to exercise slight care, willful misconduct, repeated misconduct, malicious intent, or indifference to legal obligations

  • Defendants who lose punitive damages judgments must pay a 50% surcharge on the award amount to the State, in addition to the full punitive damages owed to the plaintiff

  • Surcharge revenue will be deposited into the Blueprint for Maryland's Future Fund, which supports public education

  • Juries may not be informed of the surcharge requirement, and the surcharge is assessed only after all proceedings in the case conclude

  • The act abrogates the punitive damages standard from Owens-Illinois, Inc. v. Zenobia (1992), applies prospectively only to cases filed after October 1, 2025

Legislative Description

Civil Actions - Punitive Damage Awards - Surcharge

Fees

Last Action

Hearing 3/05 at 3:00 p.m.

3/4/2025

Committee Referrals

Judiciary2/5/2025

Full Bill Text

No bill text available