Woodline Motor Freight, Inc. v. Troutman Oil Co., Inc.

938 S.W.2d 565 (1997)

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Nature of the Case

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Facts

Belcher was driving his automobile when he collided with a tractor-trailer driven by William Moore, an employee of Woodline (D). Moore lost control of his rig and crashed into a convenience store and gas station owned by Troutman Oil (P) and leased by Crosland. Ps sued Belcher and D for negligence. Troutman claimed $202,000.00 in property damage and $175,500.00 in lost profits, while Crosland claimed $31,426.05 in property damage and $150,000.00 in lost profits. Belcher was found to be 80 percent at fault and Woodline 20 percent at fault. The jury returned a special verdict awarding Troutman $100,000.00 for property damage and $15,000.00 for lost profits, and Crosland $31,426.05 for property damage and $24,000.00 for lost profits. The trial court awarded prejudgment interest on the property damage at the rate of six percent per annum. D appealed arguing that the prejudgment interest should not have been allowed because (1) the underlying case is a tort case; (2) the amount of damages was not immediately ascertainable at the time of loss; and (3) the award constitutes a double recovery.