Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Citation: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Parent Document: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Jurisdiction: DC (municipal)
Effective Date: 1991-03-28
Original Source: https://www.courtlistener.com/opinion/2103411/bernstein-v-fernandez/ ↗

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As to the breach of the settlement agreement and consent order and the breach of warranty of habitability, the punitive damage awards on those two claims must also be reversed, but for a different reason. "Punitive damages will not lie for breach of contract, even if it is proven that the breach is willful, wanton, or malicious." Bedell v. Inver Housing, Inc., 506 A.2d 202, 206 (D.C.1986) (citing cases). The only exception to that rule recognized in the District of Columbia is that "where the alleged breach of contract `merges with, and assumes the character of, a willful tort' ... punitive damages [will] be available." Sere v. Group Hospitalization, Inc., 443 A.2d 33, 37 (D.C.) (citations omitted), cert. denied, 459 U.S. 912, 103 S.Ct. 221, 74 L.Ed.2d 176 (1982); see Washington Medical Center, Inc. v. Holle, 573 A.2d 1269, 1284 n. 24 (D.C.1990). No such merger occurred in this case; Fernandez's proof, even viewed in its most favorable light, simply did not establish a willful tort on the part of H & M.[12] Therefore, neither the breach of the consent order[13] nor the breach *1074 of the settlement agreement can support an award of punitive damages.

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