Mary D. Miller ("Miller") prevailed on a claim filed in Vanderburgh Superior Court for medical malpractice against Thomas K. Hupfer ("Hupfer"). She filed a motion for prejudgment interest, which the trial court granted. Hupfer appeals and argues that the trial court abused its discretion when it awarded prejudgment interest to Miller.
Conclusion (slip op. at 6): The trial court was within its discretion to award prejudgment interest at a rate of 8%. Affirmed.
Key Analysis (slip op. at 3, 5): Since this case is a tort case, TPIS applies and preempts common law prejudgment interest . . . TIPS does not apply if the amount of the offer exceeds one and 1/3 of the amount of the judgment. Since the demand did not exceed one and 1/3 of the amount of the judgment, the statute applies . . . TPIS states that a "court may award prejudgment interest as part of a judgment." Also, TPIS applies to "any civil action arising out of tortious conduct." Miller complied with the requirements of the TPIS; therefore, the trial court acted within its discretion when it awarded prejudgment interest.
Powered by Compendium
Comments for Court within its discretion to award prejudgment interest at a rate of 8% in med mal claim