PALM BEACH COUNTY SCHOOL BOARD, APPELLANT/CROSS-APPELLEE,
v.
ANN MONTGOMERY, INDIVIDUALLY, AND AS NATURAL GUARDIAN OF MICHAEL MONTGOMERY, AND MICHAEL MONTGOMERY, INDIVIDUALLY, APPELLEES/CROSS-APPELLANTS
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The Palm Beach County School Board appeals a jury verdict awarding over $400,000 to a minor injured in a school fight whose condition was exacerbated by the school's failure to obtain prompt medical attention. The appellate court affirms the judgment in all respects, including the award of prejudgment interest from the date of the jury verdict to the entry of final judgment.
A successful personal injury claimant is entitled to prejudgment interest from the jury verdict date to the entry of judgment. When a jury verdict in a personal injury case remains undisturbed through future proceedings, the sum fixed should be treated the same as a liquidated breach of contract claim, entitling the claimant to prejudgment interest.
[1] A successful claimant is entitled to prejudgment interest on a personal injury claim from the date of the jury verdict to the entry of final judgment.
[2] An unliquidated personal injury claim becomes liquidated and susceptible of bearing prejudgment interest when a jury verdict fixes the amount of damages.
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Join FLexlaw to unlock all legal intelligence“a successful claimant is entitled to prejudgment interest on such a claim from the jury verdict to the entry of judgment”
Establishes the core holding that prejudgment interest runs from verdict date, not judgment date, in personal injury cases
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Join FLexlaw to unlock all legal intelligenceA minor was injured in a fight with a classmate at school. The school failed to obtain prompt medical attention for the student's injuries, which exac…
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[*184] PER CURIAM.
The Palm Beach County School Board appeals an adverse final judgment entered following a jury verdict awarding in excess of $400,000.00 to a minor injured in a fight with a classmate, whose injuries were exacerbated by the school’s failure to obtain prompt medical attention for his injuries. The School Board raised three separate points on appeal. Appellant’s first two points, directed to the admissibility of certain evidence and a jury instruction, we find to be unpersuasive and affirm. We also affirm the lower court’s award of interest from the date of the verdict, rather than the date the final judgment was entered, and write further to explain our decision in this regard.
The question presented by appellant’s third point is whether a personal injury claimant is entitled to prejudgment interest on a claim from the point when a jury enters a verdict in his or her favor fixing the amount. We hold that a successful claimant is entitled to prejudgment interest on such a claim from the jury verdict to the entry of judgment.
Although it was not a personal injury case, Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985), established the following principles:
1. an unliquidated claim becomes liquidated and susceptible of bearing prejudgment interest when a jury verdict has the effect of fixing the amount of damages;
2. once a verdict has liquidated damages as of a date certain, computation of prejudgment interest is merely a ministerial mathematical computation to be performed by the court; and
3. prejudgment interest is calculated at the same rate as post-judgment interest.
In Argonaut the court observed in footnote one that it had held in Zorn v. Britton, 120 Fla. 304, 162 So. 879 (1935), that prejudgment interest would not be recoverable for personal injuries. What the court actually said in Zorn was that interest is not recoverable on “unliquidated damages for personal injuries.” Id. 162 So. at 881. There is also dicta in Sullivan v. McMillan, 37 Fla. 134, 19 So. 340, 343 (1896), quoted with approval in Argonaut, at 214, that a “person injured” should receive interest from the time a verdict liquidates the damage claim.
In this personal injury case, some six months after the entry of a jury verdict that liquidated the amount of plaintiffs’ damages, the trial court decided post trial motions and entered a final judgment. The court included in the final judgment an award of prejudgment interest on the amount of the damages fixed by the jury from the date of the verdict to the date of the final judgment.
The trial court did precisely what it should have done under Argonaut. When a jury returns a verdict in a personal injury case that remains undisturbed throughout future proceedings in the case, the sum so fixed should be treated exactly the same as a liquidated breach of contract claim.
We affirm this case in all respects.
DELL, C.J., and POLEN, J., concur. FARMER, J., concurs in result only.
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Amerace Corp. v. Stallings, 823 So. 2d 110 (Fla. 2002)…rest,” explaining: Once a jury has fixed the amount of a plaintiffs damage by its verdict, the plaintiff is entitled to interest on that amount, and the interest is to be included in the final judgment. See Palm Beach County Sch. Bd. v. Montgomery, 641 So. 2d 183 (Fla. 4th DCA 1994); Leigh M. Fisher, P.A. v. Ackerman, 744 So. 2d 582 (Fla. 2d DCA 1999). We, therefore, remand to the trial court for entry of an award of prejudgment interest. Amerace Corp., 753 So. 2d at 593. The holding in Amerace conflicts…1 / 2
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Berloni S.P.A. v. Della CASA, LLC, 972 So. 2d 1007 (Fla. 4th DCA 2008)…interest at the statutory rate from the date of that loss. Id. A claim becomes liquidated and susceptible of bearing prejudgment interest when a jury verdict has the effect of fixing the amount of damages. Palm Beach County Sch. J3d. v. Montgomery, 641 So. 2d 183, 184 (Fla. 4th DCA 1994). “[Wjhere a disputed contractual claim becomes liquidated by jury verdict as to the amounts recoverable, interest should be awarded from the date the payment was due.” Celótex Corp. v. Buildex, Inc., 476 So. 2d 294, 295 (Fla…
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Griefer v. DiPIETRO, 708 So. 2d 666 (Fla. 4th DCA 1998)…o. 2d 212, 215 (Fla.1985). Personal injury plaintiffs are generally not entitled to prejudgment interest because the damages are uncertain and are not liquidated until determined by the jury. However, in Palm Beach County School Board v. Montgomery, 641 So. 2d 183, 184 (Fla. 4th DCA1994), we held that: [w]hen a jury returns a verdict in a personal injury case that remains undisturbed throughout future proceedings in the ease, the sum so fixed should be treated exactly the same as a liquidated breach of contr…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)
- Sullivan v. McMillan, 37 Fla. 134 (Fla. 1896)
- Zorn v. Britton, 120 Fla. 304 (Fla. 1935)