November 17th, 2011
Plaintiff's underinsured motor carrier appeals the circuit court's order regarding the calculation of prejudgment interest upon a jury verdict in favor of plaintiff, which included special damages in the amount of $170,000. This appeal involves legal issues regarding the calculation of prejudgment interests under West Virginia law. State Farm requests a reversal of the circuit court's pre-judgment interest calculation and a recalculation of the same. Plaintiff Rutherford has filed a cross-assignment of error challenging the circuit court's reduction of her prejudgment interest award as not permitted under West Virginia law.
