Clark v. Amica Mut Ins Co
22-cv-882
Vt. Super. Ct.Apr 28, 2025Background
- The case involves a traffic collision where the plaintiff, Benjamin Clark, sought underinsured motorist benefits from Amica Mutual Insurance after recovering $25,000 from a third party.
- Clark claimed additional damages, including lost income, pain and suffering, and medical expenses.
- The matter was tried by a jury in January 2025, with both parties presenting expert medical testimony and differing views on damages.
- Plaintiff suggested $300,000 in damages; the jury returned a $75,000 verdict.
- Post-judgment, Clark moved for litigation costs and prejudgment interest under Vt. R. Civ. P. 54.
- Defendant did not object to costs but opposed prejudgment interest; the court issued an order resolving both requests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Costs | Entitled to $1,515.88 in litigation costs as prevailing party | Did not oppose costs | Costs granted to Clark |
| Prejudgment Interest – Liquidated Damages | Prejudgment interest is warranted, using date of complaint and investment rate | Damages not liquidated, not ascertainable pre-verdict | Interest denied; damages were unliquidated |
| Prejudgment Interest – Tort vs. Contract | Action is in contract, so interest justified | Discretionary even in contract cases if damages uncertain | Discretion applies; interest denied |
| Calculation of Interest | Court may allocate interest from complaint filing | Impossible to allocate between periods; all damages litigated through trial | No concrete amount or period for calculation |
Key Cases Cited
- Peterson v. Chichester, 157 Vt. 548 (Vt. 1991) (trial courts have discretion in awarding costs)
- EBWS, LLC v. Britly Corp., 181 Vt. 513 (Vt. 2007) (prejudgment interest mandatory only for liquidated or certain damages)
- d'Arc Turcotte v. Est. of LaRose, 153 Vt. 196 (Vt. 1989) (interest mandatory for liquidated damages, discretionary for inchoate damages in personal injury)
- Estate of Fleming v. Nicholson, 168 Vt. 495 (Vt. 1998) (purpose and calculation framework for prejudgment interest)
- Winey v. William E. Dailey, Inc., 161 Vt. 129 (Vt. 1993) (prejudgment interest discretionary where damages are uncertain in contract or tort)