Mendes v. Johnson, 389 A.2d 781 (1978)

Citation: Mendes v. Johnson, 389 A.2d 781 (1978)
Parent Document: Mendes v. Johnson, 389 A.2d 781 (1978)
Jurisdiction: DC (municipal)
Effective Date: 1978-06-13
Original Source: https://www.courtlistener.com/opinion/2073911/mendes-v-johnson/ ↗

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It is also true, however, that punitive damages are generally inappropriate when one’s tortious conduct is the outgrowth of an “innocent mistake.” Prosser, supra at 10. Appellant argues that his conduct can be so characterized because he might have assumed, on the basis of prior case law, that his conduct was permissible. We find this argument persuasive. Since we are unable to find in this record sufficient evidence of malice to outweigh the claimed reliance on Snitman v. Goodman, supra, the trial court’s finding that appellant’s conduct was conscious, wilful, and in utter disregard of appellee’s rights, was clearly erroneous. IV.

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