AE, Inc. v. Goodyear Tire & Rubber Co., No. 07-1526

In a product liability action, a denial of prejudgment interest to plaintiff is affirmed where the district court employed an improper presumption that plaintiff was not entitled to prejudgment interest simply because its damages estimates were inconsistent, but plaintiff's damages were not sufficiently calculable to serve as a basis for prejudgment interest under Utah law.

Read AE, Inc. v. Goodyear Tire & Rubber Co., No. 07-1526

Appellate Information

Filed August 11, 2009

Judges

Opinion by Judge Lucero

Counsel

For Appellant:

Stephen G. Masciocchi, Holland & Hart LLP, Denver, CO

David L. Black, Holland & Hart LLP, Denver, CO

For Appellee:

Roger P. Thomasch, Ballard, Spahr, Andrews & Ingersoll, LLP, Denver, CO

Mary A. Wells, Ballard, Spahr, Andrews & Ingersoll, LLP, Denver, CO