[§636-16]  Awarding interest.  In
awarding interest in civil cases, the judge is authorized to designate the
commencement date to conform with the circumstances of each case, provided that
the earliest commencement date in cases arising in tort, may be the date when
the injury first occurred and in cases arising by breach of contract, it may be
the date when the breach first occurred. [L 1979, c 78, §2]



 



Cross References



 



  Allowable rate of interest, see §478-2.



 



Case Notes



 



  Prejudgment interest awarded from date of accrual of losses
in air crash to date of verdict.  525 F. Supp. 1007.



  Award of prejudgment interest appropriate where plaintiffs
had to wait substantial period of time between time of death of decedent and
date of judgment.  823 F. Supp. 778.



  Court lacked authority to make award of prejudgment interest
where entire case was submitted to arbitration.  128 F. Supp. 2d 697.



  Award of prejudgment interest not warranted where defendants
did not unduly delay proceedings.  167 F. Supp. 2d 1143.



  Prejudgment interest not limited to liquidated damages.  68
H. 472, 718 P.2d 1080.



  Purpose of section is to allow court to designate the
commencement date of interest in order to correct injustice when judgment is
delayed for long period of time for any reason.  73 H. 526, 836 P.2d 479.



  Section 478-3 postjudgment interest not allowed on this
section's prejudgment interest.  74 H. 1, 837 P.2d 1273.



  Prejudgment interest awarded in trial court's discretion;
denial of prejudgment interest proper where no evidence of party's conduct
unduly delaying case.  74 H. 85, 839 P.2d 10.



  Court did not abuse its discretion under this section and
§478-3 in awarding appellee ten per cent interest per annum on appellee's back
pay.  74 H. 599, 851 P.2d 311.



  Prejudgment interest properly awarded under this section from
date of breach of contract at rate of ten per cent as provided in §478-2(1) for
money due on settlement agreement between parties.  86 H. 21, 946 P.2d 1317.



  Although defendant was responsible for delay in adjudication
of plaintiff's claims, no abuse of discretion in trial court's denial of
prejudgment interest to plaintiff where court determined that jury, through
extraordinary damage award, actually compensated plaintiff for
post-imprisonment suffering.  89 H. 91, 969 P.2d 1209.



  Section does not restrict circuit court's discretion in
awarding prejudgment interest to periods subsequent to May 18, 1979; section
should be afforded retroactive effect because it is a remedial statute designed
to clarify and encourage the exercise of judicial discretion in the award of
prejudgment interest.  89 H. 91, 969 P.2d 1209.



  As insurance commissioner's suit against customer of
liquidated mutual benefit society was a civil case and nothing in this section
prohibits the awarding of pre-judgment interest, trial court abused its
discretion by failing to consider commissioner's request for pre-judgment
interest.  99 H. 53, 52 P.3d 823.



  Trial court did not abuse discretion in awarding prejudgment
interest to plaintiffs even though it did not find fault on the part of
defendant with respect to the delay in judgment; court stated it only sought to
compensate plaintiff for the delay in reaching judgment.  110 H. 473, 135 P.3d
82.



  Section not retroactive.  3 H. App. 646, 658 P.2d 898.



  Prejudgment interest not awarded where no commencement date
designated.  5 H. App. 603, 705 P.2d 67.



  Denial of prejudgment interest proper where, considering
totality of case, period of time to complete case was not extraordinary, defendant's
settlement offers were not unreasonable, and delays in proceedings were not due
to conduct of either party.  80 H. 204 (App.), 908 P.2d 552.



  Award of prejudgment interest not abuse of discretion where
issuance of judgment was greatly delayed; there was five year nine month delay
from date injury first occurred to date of initial judgment.  86 H. 93 (App.),
947 P.2d 961.



  Trial court can award prejudgment interest for any
substantial delay in the proceedings and no purposeful delay on part of nonmoving
party is required.  86 H. 93 (App.), 947 P.2d 961.