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JOHNSON v. CONTINENTAL AIRLINES CORP.

Nos. 89-1283 & 89-1296.

964 F.2d 1059 (1992)

Karen Svea JOHNSON and Robert Cooke, Jr., wife and husband, Plaintiffs-Appellees, v. CONTINENTAL AIRLINES CORPORATION, a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 21, 1992.

Attorney(s) appearing for the Case

Robert M. Tyler, Jr. (Brenda G. Meier with him, on the brief) of Elam, Burke and Boyd, Boise, Idaho, for plaintiffs-appellees.

Frederick C. Schafrick (Richard M. Sharp, and Alok Ahuja of Shea & Gardner, Washington, D.C., Hall & Evans, and Tilly & Graves, P.C., Denver, Colo., with him on the briefs), Shea & Gardner, Washington, D.C., for defendant-appellant.

Before ANDERSON and BRORBY, Circuit Judges, and COOK, Senior District Judge.

BRORBY, Circuit Judge.

This case presents a single issue for consideration on appeal: Which state governs the availability of prejudgment interest in a diversity case where, by consent, Colorado law governs liability and Idaho law governs compensatory damages? This is an issue of first impression, entitled to de novo review. Mitchell v. State Farm Fire & Casualty Co., 902 F.2d 790, 792 (10th Cir. 1990); Needham v. Phillips...

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