The plaintiff was injured in a car accident and awarded damages by a jury, including $125,000 for non-pecuniary damages and $600,000 for future income loss, subject to a 10% reduction for contributory negligence.
In this post-trial ruling, the court determined the applicable prejudgment interest rate for non-pecuniary damages and whether the defendant was entitled to an assignment of the plaintiff's long-term disability (LTD) benefits.
The court declined to exercise its discretion to depart from the default 1.3% prejudgment interest rate.
The court also granted the defendant's request for an assignment of the plaintiff's LTD benefits until age 65 or until the future income loss award is exhausted, to prevent double recovery.