- 8 - verdict is rendered or a decision made for pecuniary damages". Thus, statutory prejudgment interest is not required under Rhode Island law if the parties settle before judgment and there is no verdict or court decision. We are not persuaded that it is inequitable to apply the Rozpad allocation formula here. Although the parties in Rozpad and in Delaney did not specifically argue this issue, the parties in those cases settled their tort cases while their cases were on appeal. The fact that the case was appealed did nothing to change the facts or law upon which the clerk of the trial court based the calculation of statutory prejudgment interest. Procedurally, Rozpad and Delaney are indistinguishable from this case. Petitioners point out that the Rhode Island Supreme Court said that "judgment" in R.I. Gen. Laws section 9-21-10a is a final judgment from which no appeal is taken or a judgment affirmed on appeal. Lombardi v. Goodyear Loan Co., 549 A.2d 1025, 1026 (R.I. 1988). Petitioners contend that, as a result, no amount of the settlement in this case would be allocated to prejudgment interest under R.I. Gen. Laws section 9-21-10. We disagree with petitioners' claim that Lombardi applies here. The issue in Lombardi was whether the prejudgment interest rate was 6 or 12 percent. There is no dispute that the 12-percent rate applies in this case. Rozpad v. Commissioner, supra; Delaney v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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