Alsheik v. Guerrero

The day after thirteen-month-old I.A. underwent surgery performed by Defendant, I.A. died. Plaintiff, I.A.'s mother, filed a medical malpractice claim against Defendant. After a jury trial, Defendant was held liable in the amount of $1,165,000. The trial court denied Plaintiff's request for pre-judgment interest. Defendant appealed, raising three allegations of error, and Plaintiff cross-appealed the denial of her request for prejudgment interest. The Supreme Court summarily affirmed the court of appeals opinion relating to Defendant's issues but reversed the trial court's decision to deny Defendant prejudgment interest based upon a defective settlement letter, holding (1) Defendant's settlement letter did comply with Ind. Code 34-51-4-6; and (2) the award of prejudgment interest is neither automatic nor required and is left to the discretion of the trial court. Remanded. View "Alsheik v. Guerrero" on Justia Law