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Strader v. Grange Mutual Insurance Company1/30/2002
all the damages that it sought are insufficient grounds to deny prejudgment interest." Id.
Since Banister, we have repeatedly reaffirmed its holding, despite the fact that the Supreme Court vacated our opinion on unrelated grounds. See, e.g., Guinasso v. Pacific First Federal Sav. and Loan Ass'n, 89 Or App 270, 749 P2d 577, rev den 305 Or 672 (1988). By now, it is well settled that, "even though damages are not ascertainable until issues of fact have been decided [by the jury], prejudgment interest is proper." Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, 129 Or App 206, 218, 879 P2d 193 (1994), aff'd in part, rev'd in part 325 Or 46, 932 P2d 1141 (1997). Put another way, " lthough there are questions of fact about the amounts owed, that does not mean that defendant did not owe sums certain at dates certain." Hazelwood Water Dist. v. First Union Management, 78 Or App 226, 231, 715 P2d 498 (1986).
In the present case, the jury heard conflicting testimony about the amount of damages based on evidence of actual expenses and prevailing market rates. It resolved that disputed fact issue, finding that defendant's breach of contract damaged plaintiffs in the amount of $195,500. On appeal, defendant does not dispute this amount, the date the trial court decided that it was due, or whether it constituted the type of damages appropriate for prejudgment interest. The court did not err in awarding prejudgment interest.
Affirmed on appeal and cross-appeal.
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