Following a judgment awarding the plaintiff damages for diminution in property value and engineering expenses due to environmental contamination, the parties disputed the calculation of prejudgment interest.
The plaintiff sought interest from the date the defendant was put on notice of the contamination at the presumptive rate of 1.3%, while the defendant argued for a later date and lower rate.
The court agreed with the plaintiff, finding no reason to depart from the presumptive rate or the date the cause of action arose, and awarded prejudgment interest accordingly.
