426 S.W.3d 675
Mo. Ct. App.2013Background
- The jury awarded Respondent $4,300 in actual damages and $2,800,000 in punitive damages on May 4, 2006.
- On appeal, the punitive award was reduced as unconstitutional under Campbell and the case remanded for recalculation.
- On May 20, 2011, the trial court amended the punitive damages to $650,000; appellate approval followed.
- Appellant paid $650,000 and post-judgment interest from May 20, 2011 to January 31, 2013.
- Respondent moved to assess additional post-judgment interest for May 4, 2006 to May 20, 2011; the court granted.
- Appellant argues interest should run from May 20, 2011; court held interest accrues from May 4, 2006.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Date from which post-judgment interest accrues | Bass Pro: from May 20, 2011 | Bass Pro: no; from May 4, 2006 | Interest runs from May 4, 2006 |
Key Cases Cited
- Ohlendorf v. Feinstein, 670 S.W.2d 930 (Mo.App. E.D. 1984) (modification of judgment preserves interest from original judgment date)
- Lindquist v. Mid-Am. Orthopaedic Surgery, Inc., 269 S.W.3d 508 (Mo.App. E.D. 2008) (interest on modified amount from original judgment date)
- Senn v. Commerce-Manchester Bank, 603 S.W.2d 551 (Mo. banc 1980) (original awards reduced; interest from original judgment date)
- Walton v. U.S. Steel Corp., 378 S.W.2d 240 (Mo.App. 1964) (remittitur context; credit on original judgment for remitted amount)
- Campbell v. State Farm Mutual Auto. Ins. Co., 538 U.S. 408 (2003) (due process factors for punitive damages)