[Download] "Southard V. Fox" by New Mexico Court of Appeals * Book PDF Kindle ePub Free

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eBook details

• Title: Southard V. Fox
• Author : New Mexico Court of Appeals
• Release Date : January 21, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Defendant appeals the trial court's award of prejudgment interest in connection with a jury verdict stemming from a personal injury lawsuit. Defendant raises two issues on appeal: whether the trial court erred in (1) concluding that plaintiff's damages were subject to prejudgment interest and (2) determining that defendant was not entitled to a jury trial on the issue of prejudgment interest. We hold that the prejudgment interest statute, NMSA 1978, Section 56-8-4(B) (Repl. 1986), applies to all damages and, consequently, that the trial court did not err in awarding prejudgment interest on plaintiff's damages. Additionally, because we hold that interest  awarded pursuant to Section 56-8-4(B) is not awarded as an element of damages, defendant was not unconstitutionally denied a jury trial. We therefore affirm the trial court's award of prejudgment interest.

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