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SCHAEFER v. MILLER

No. 112, September Term, 1989.

322 Md. 297 (1991)

587 A.2d 491

AMELIA R. SCHAEFER v. GERALD A. MILLER.

Court of Appeals of Maryland.

Motion for Reconsideration Denied May 6, 1991.

Attorney(s) appearing for the Case

Amy J. Muffolett and Patrick A. O'Doherty, Baltimore, for petitioner.

Melvin J. Sykes, Baltimore, for respondent.

Argued before MURPHY, C.J., ELDRIDGE, RODOWSKY, McAULIFFE, and CHASANOW, JJ., and COLE and ADKINS, JJ. (Retired).

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, 338 A.2d 48 (1975), that "where the tort is one arising...

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