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Boggs v. Lay3/8/2005
ause the apportioned amount of the judgment owed by him is less than the plaintiff's demand of one million dollars.
The defendants acknowledged at oral argument that their positions are substantially eroded by the recent opinions of Bowan v. Express Medical Transporters Inc., 135 S.W.3d 452 (Mo.App. E.D. 2004) and Werremeyer v. K.C. Auto Salvage Co., 134 S.W.3d 633 (Mo. banc 2004). We agree. As detailed in Bowan, the determination of prejudgment interest is a two-step process. Bowan, 135 S.W.3d at 464. First, the court must determine whether a plaintiff is entitled to prejudgment interest under section 408.040.2. Id. If the jury's verdict exceeds the settlement demand made pursuant to section 408.040.2, the court next determines what amount of prejudgment interest is required under the statute. Id. Although prejudgment interest is normally calculated on the entire amount of the judgment, public policy suggests credit should be given for payments made to plaintiffs prior to trial, so that plaintiffs do not, in effect, collect interest twice on the prior settlement. Id.
The plaintiff in this case was entitled to prejudgment interest under section 408.040.2, as the total amount of judgment, $3,048,540, exceeded the plaintiff's demand of one million dollars. And, we find the court did not err in calculating prejudgment interest on the entire amount of the judgment, rather than first reducing the judgment amount by the $700,000 plaintiff received from defendants Hinkle and Nolke as partial satisfaction of the judgment. Defendants Hinkle and Nolke's payment was paid to the plaintiff after the trial. Lastly, because Lay is jointly and severally liable for the entire amount of the judgment, his total liability exceeds the plaintiff's demand, and thus, the trial court did not err in entering judgment for prejudgment interest against him. Werremeyer, 134 S.W.3d at 636. Lay's third and ADM's seventh points on appeal are denied.
The judgment is affirmed.
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