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White v. Jensen

The plaintiff was not entitled to prejudgment interest because her pretrial demand letters indicated that the litigation would continue until the defendants paid an aggregate sum which was greater than the amount of damages awarded to her at trial.

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Plaintiffs/appellees June Jensen and Tonya Floyd each filed complaints against defendants Kerry White and David Holcombe, jointly and severally, seeking to recover damages for injuries they allegedly received when the car in which they were riding overturned. The cases were tried together, and the jury returned a verdict for Jensen against both defendants in the amount of $50,793.00 and for Floyd against both defendants in the amount of $43,288.00. Jensen subsequently moved to amend the final judgment to include an award of pre-judgment interest. The trial court amended the judgment, and awarded $15,649.31 against defendant White as unliquidated damages pursuant to OCGA § 51-12-14. White now appeals the judgment and amended judgment for Jensen, and that appeal has been docketed in this Court as Case Number A02A1578. White also appeals the judgment for Floyd, and that appeal has been docketed in this Court as Case Number A02A1579.

A02A1578

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