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MALICK v. SEAVIEW LINCOLN MERCURY

940 A.2d 1221 (2008)

398 N.J. Super. 182

Thomas MALICK, Plaintiff-Respondent, v. SEAVIEW LINCOLN MERCURY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 2008.

Attorney(s) appearing for the Case

Mitchell S. Berman argued the cause for appellant.

R.C. Westmoreland argued the cause for respondent (Westmoreland Vesper & Quattrone, West Atlantic City, attorneys; Mr. Westmoreland, on the brief).

Before S.L. REISNER, GILROY and KING.

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

Defendant Seaview Lincoln Mercury appeals from a March 27, 2007 order of the trial court awarding plaintiff Thomas Malick $224,552 in prejudgment interest under the offer of judgment rule, R. 4:58-2. We reverse and remand for a plenary hearing.

I

The central issue in this personal injury case is whether the parties' high-low agreement, reached in the middle of the trial...

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