AE, INC. v. GOODYEAR TIRE & RUBBER CO.

No. 07-1526.

576 F.3d 1050 (2009)

AE, INC., a Colorado corporation, Plaintiff-Appellant, v. The GOODYEAR TIRE & RUBBER COMPANY, an Ohio corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 11, 2009.


Attorney(s) appearing for the Case

Stephen G. Masciocchi (David L. Black, Anthony J. Navarro, William W. Maywhort, and J. Lee Gray, with him on the briefs), Holland & Hart LLP, Denver, CO, for Plaintiff-Appellant.

Roger P. Thomasch (Mary A. Wells and L. Michael Brooks, Jr., Wells, Anderson & Race LLC, with him on the briefs), Ballard, Spahr, Andrews & Ingersoll, LLP, Denver, CO, for Defendant-Appellee.

Before KELLY, LUCERO, and MURPHY, Circuit Judges.


LUCERO, Circuit Judge.

Plaintiff AE, Inc. ("AE") suffered property damage caused by a defective heating system designed in part by defendant Goodyear Tire & Rubber Company ("Goodyear"). After a jury awarded damages, the district court declined to award prejudgment interest under Utah law. It employed a presumption that damages are not calculable when a plaintiff provides varying damages estimates over the course of litigation, as was the case here. Because the...

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