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Medical Mutual Liability Insurance Society of Maryland v. Davis9/14/2001
95 A.2d 667 (1972); Knapp and State of Maryland v. Shepherd, 741 A.2d 1026 (Del. 1999); Bell v. Westinghouse Electric Corp., 507 A.2d 548, 555-556 (D.C. App. 1986); CRS Sirrine, Inc. v. Dravo Corp., 219 Ga. App. 301, 304-305, 464 S.E.2d 897, 901 (1995); Lippert v. Angle, 215 Kan. 626, 527 P.2d 1016 (1974); Reimers v. Frank B. Connet Lumber Co., 273 S.W.2d 348 (Mo. 1954); Hewitt v. General Tire and Rubber Co., 5 Utah 2d 379, 302 P.2d 712 (1956).
Moreover, under circumstances similar to those in the present case, where a judgment in favor of a plaintiff is subsequently reduced via the plaintiff's acceptance of a remittitur, courts elsewhere consistently hold that post-judgment interest runs from the date of the original judgment. See, e.g., Dunn v. HOVIC, 13 F.3d 58, 61-62 (3rd Cir. 1993) ("We see no reason why Dunn should be disadvantaged in the calculation of interest because the jury overestimated his damages"); Coal Resources, Inc. v. Gulf & Western Industries, 954 F.2d 1263, 1275 (6th Cir. 1992) ("The remittitur merely reduced the damages by a distinct amount easily determined from the facts of the case. * * * e ORDER that interest on the damages awarded in this case be calculated from the date of the original District Court judgment"); Schulte v. Smith, 708 So.2d 138, 140 (Ala. 1997) ("We conclude that interest on the remitted judgment . . . accrues from the date the trial court entered the original judgment"); Scioto Memorial Hospital Association, Inc. v. Price Waterhouse, 74 Ohio St. 3d 474, 479, 659 N.E.2d 1268, 1273-1274 (1996) (where the plaintiff "chooses to accept a remittitur," then "post-judgment interest should run from the date of the original . . . judgment entry").
Under the circumstances of the case at bar, the Circuit Court correctly held that post-judgment interest began to accrue on November 13, 1996, the date the original judgment was entered.
JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGE'S COUNTY AFFIRMED. APPELLANT TO PAY THE COSTS.
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