Precision Heavy Haul, Inc. v. Trail King Industries, Inc.
Arizona Court of Appeals
228 P.3d 895 (2010)
- Written by Salina Kennedy, JD
Facts
Precision Heavy Haul, Inc. (Precision) (plaintiff) bought a trailer from Trial King Industries, Inc. (Trail King) (defendant). The trailer was in an accident in which it, along with a transformer it was carrying, was damaged. Precision sued Trail King, arguing that a defect in the trailer had caused the accident. Because of the accident, Precision owed its customer the cost of repairing the transformer. Precision also incurred costs for crews, hotels, meals, and equipment rental. At trial, Precision presented evidence that it had incurred a total of $694,550 in damages, and Trail King did not challenge the accuracy of Precision’s damages request. Instead, Trail King argued that it was not liable for the accident or, in the alternative, that Precision had been comparatively at fault for the accident. The jury found Trail King 100 percent liable and awarded Precision the full amount it had requested. After the verdict was returned, Precision asked the trial court to award prejudgment interest on its damages, arguing that the damages were liquidated because they could be computed with exactness, without reliance on opinion or discretion. The trial court denied Precision’s request for prejudgment interest, reasoning that, although Precision’s damages were liquidated, prejudgment interest could not accrue because liability was in dispute and thus Trail King could not know what portion of the damages it would have to pay until the jury decided its percentage of fault. Precision appealed.
Rule of Law
Issue
Holding and Reasoning (Weisberg, J.)
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