Johnson v. BFI Waste Systems of North America2/22/2005
Plaintiffs and intervening plaintiffs (collectively "Plaintiffs") filed suit for wrongful death against BFI Waste Systems of North America, Inc., BFI's driver, Jimmy Bergner (collectively "BFI"), and the City of St. Louis after a BFI truck, driven by Mr. Bergner, struck and killed Justine Bolden ("Decedent") as she crossed a street in the City of St. Louis. On June 14, 2001, a jury awarded Plaintiffs 1.9 million dollars, allocating fifty-five percent fault ($1,045,000) against BFI, forty percent fault ($760,000) against the City of St. Louis, and five percent fault against Decedent.
Following trial, Plaintiffs filed a number of post-trial motions, resulting in several amended judgments. In particular, the Amended Judgment of July 3, 2001, reallocated to BFI a portion of the verdict which was uncollectible (by virtue of Section 537.610, R.S.Mo 2000) against the City of St. Louis. The July 3 Amended Judgment increased the amount of the June 14 judgment against BFI by $605,000, for a total judgment against BFI of $1,650,000. On December 6, 2001, the trial court entered a judgment apportioning the damages among the individuals entitled to recover.
BFI and its driver appealed. This Court affirmed and issued a mandate on January 31, 2003. See Johnson v. BFI Waste Sys. of N. Am., Inc., 92 S.W.3d 157 (Mo.App.E.D. 2002). Thereafter, BFI and its driver satisfied the judgment and post-judgment interest of $176,979.45, accruing from December 6, 2001. Following satisfaction of the judgment, Plaintiffs sought a trial court order requiring BFI to pay post-judgment interest as of June 14, 2001, the date of the jury verdict. BFI objected and filed a motion to strike Plaintiffs' claim for additional post-judgment interest, arguing that post-judgment interest was due from December 6, 2001. The trial court agreed and struck Plaintiffs' claim for additional post-judgment interest.
Plaintiffs appeal the trial court's order and judgment with respect to post-judgment interest, arguing that Section 408.040(1), R.S.Mo 1987, and Section 512.160(4), R.S.Mo 1943, support the conclusion that post-judgment interest accrues from June 14, 2001, the date of the jury verdict, rather than December 6, 2001, the date of the judgment apportioning damages. BFI argues that Rule 74.01(1) and Section 573.095.3, R.S.Mo 2000, control the resolution of this issue. We agree and accordingly hold that the trial court did not err in rejecting Plaintiffs' claim for post-judgment interest from June 14, 2001.
Standard of Review
When we consider an appeal challenging the interpretation and application of a statute, our review is de novo. Psychiatric Healthcare Corp. of Mo. v. Dep't of Soc. Servs., 100 S.W.3d 891, 899 (Mo.App.W.D. 2003). Accordingly, we review the trial court's judgment independently, without deference to the trial court's conclusions. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993).
Discussion
Plaintiffs argue, in their sole point on appeal, that they are entitled to post-judgment interest from June 14, 2001, the date the jury returned its verdict. BFI contends that because this is a wrongful death case, no judgment was rendered for purposes of post-judgment interest until the trial court apportioned damages among the Plaintiffs, pursuant to Section 537.095.3. BFI posits that because the trial court entered the judgment apportioning damages on December 6, 2001, post-judgment interest runs from that date.
In support of their argument, Plaintiffs rely primarily on Section 408.040.1. Section 408.040.1 provides that "interest shall be allowed on all money due upon any judgment or order of
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