Metzler v. Bci Coca-Cola Bottling Company of Los Angeles, Inc.
235 Ariz. 141
| Ariz. | 2014Background
- Metzler slipped in a Tucson grocery store on water from a refrigerator maintained by BCI Coca-Cola Bottling Co.
- Metzler offered judgment of $150,000; BCI rejected, trial verdict awarded Metzler $1.5 million in damages.
- Judgment entered Sept. 2, 2009; included $347,672.16 prejudgment interest under Rule 68(g) at 10%.
- BCI's post-trial motions led to partial new-trial order on liability; appellate proceedings followed (Metzler I).
- Remand proceedings culminated in 2012 with a new judgment; Metzler II vacated a June 2011 mandate-related judgment.
- BCI tendered $1,906,690.76 in April 2011 and Metzler reserved rights to seek prejudgment interest from Sept. 3, 2009 onward.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prejudgment interest under Rule 68(g) is governed by § 44-1201(A) or (B). | Metzler argues § 44-1201(A) applies (10%). | BCI argues § 44-1201(B) applies (interest on judgments). | Interest governed by § 44-1201(B) (4.25%). |
| Whether a tender of the full principal ends accrual of prejudgment interest. | Tender does not end accrual of all prejudgment interest. | Tender extinguishes the debt and ends accrual to that date. | Unconditional tender extinguishes the judgment debt; no remaining prejudgment interest accrues. |
Key Cases Cited
- State ex rel. Ariz. Structural Pest Control Comm'n v. Taylor, 223 Ariz. 486 (App. 2010) (prejudgment interest on liquidated claims as a matter of right)
- Am. Eagle Fire Ins. Co. v. Van Denburg, 257 P.2d 856 (Ariz. 1953) (interest on unliquidated claims generally post-judgment)
- Ariz. E. R.R. Co. v. Head, 224 P. 1057 (1924) (interest accrues on unliquidated personal injury claims after verdict)