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Published by the Indiana Office of Court Services

Kosarko v. Padula, No. 45S03-1206-CT-310, ___ N.E.2d ___ (Ind., Dec. 12, 2012).

December 13, 2012 Filed Under: Civil Tagged With: B. Dickson, Supreme

Dickson, C.J.
The plaintiff in this case, Margaret Kosarko, challenges the trial court’s denial of her motion for prejudgment interest following a jury verdict awarding her monetary damages. We reverse and hold that the Tort Prejudgment Interest Statute abrogates and supplants the common law prejudgment interest rules in cases covered by the statute.
….
Conclusion
We hold that the Tort Prejudgment Interest Statute abrogates and supplants the common law prejudgment interest rules in cases covered by the statute and also hold that the plaintiff’s motion for prejudgment interest should have been evaluated as provided in the statute, and not on abrogated common law. We remand the case to the trial court for reconsideration of the motion accordingly. On remand, the trial court has broad discretion to determine whether to award prejudgment interest, what interest rate to use, what time period to use, and whether to calculate interest on the full $210,000 awarded by the jury, or on the amount of $100,000, representing insurance liability coverage limits, that was deposited with the clerk and released to Kosarko. [Footnote omitted.] Appellant’s App’x at 2–3. The trial court’s discretion is restricted only by the limits expressly enacted by the legislature in the TPIS.
Rucker, David, Massa, Rush, JJ., concur.
 

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