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American Samoa Government v. Factory Mutual Insurance Co.11/19/2002
ntering the order on ASG's Amended Motion under Paragraph 1, this Court shall afford the parties an opportunity to be heard regarding the propriety and/or form of any order, amendment to judgment, and/or judgment to be entered, and whether ASG is entitled to postjudgment interest on the punitive damages award for the period from September 28, 1995, the date of entry of the original judgment against Affiliated." The parties then submitted briefs to the court regarding the postjudgment interest issue.
On November 30, 2001, the trial court signed an opinion and order which provides:
"The Appeals court has clearly decreed that the award of punitive damages shall stand upon a determination that Allendale (now Factory Mutual) was at all times relevant to the instant case, the alter ego of Affiliated F.M.
"The parties have now so stipulated. So all that happens is the original judgment is duly amended to show Allendale/Factory Mutual to be the proper named responsible defendant.
". . .
"Clearly all this court is called upon to do is amend the judgment. There is nothing else the court could do once the stipulation was entered into. However, assuming arguendo, the court, following the mandate of the appeals court, had held a trial upon the issue of alter ego. The answer to the question as to whether Allendale was the alter ego of Affiliated F.M. at the relevant time, would call for a `yes' or `no' answer. If the answer were `no' a modification by deletion from the original judgment would occur. On the other hand a `yes' answer would result in a modification by amendment adding the name of the responsible defendant. There obviously is no new judgment, but only an amended original judgment.
"The defense makes a strong argument that . . . there can be no interest upon the punitive damage award of the jury as awarded in the original judgment entered by the clerk upon the jury rendering its special verdict. Taken in isolation, the defendant's position appears sound. But, it is not. It cannot be justice under all of the circumstances of this case. The defendant's position would permit the now determined responsible party, Allendale (and its successor in interest, Factory Mutual) to benefit from their reprehensible bad conduct.
"Affiliated F.M. was at all times from the very inception of its dealing with the plaintiff, the American Samoa Government, nothing more or less than a tentacle of a very large octopus corporation, which was by clever scheme and design intended to be a shield against any substantial damages of whatever cause.
". . .
"Now, once again Affiliated F.M., which it has now been agreed to be nothing more than an arm of Allendale (now Factory Mutual) seeks to avoid paying that which has been due from the very filing of the original judgment by the clerk of this court on September 28, 1995. This is why the court determines that, as the Appeals court directed upon finding Allendale to be at all times the alter ego of Affiliated F.M., the original judgment be so amended.
"Judgment shall be entered as follows:
"(1) The motion of plaintiff American Samoa Government under CCP ยง 187 to amend the judgment entered on September 28, 1995, is granted on the basis of alter ego, and the judgment is hereby so amended to add Factory Mutual Insurance Company, formerly known as Allendale Insurance Company to the judgment as a defendant and judgment debtor;
"(2) By said amendment aforestated, the punitive damage award is reinstated in accordance with and as directed by the mandate of the Court of Appeals in its opinion dated October 10, 2000; and
"(3) The Ame
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