KOSARKO v. PADULA

No. 45S03-1206-CT-310.

979 N.E.2d 144 (2012)

Margaret KOSARKO, Appellant (Plaintiff), v. William A. PADULA, Administrator of the Estate of Daniel L. Herndobler, Deceased, Appellee (Defendant).

Supreme Court of Indiana.

December 12, 2012.


Attorney(s) appearing for the Case

Adam J. Sedia , Rubino, Ruman, Crosmer, Smith, Sersic & Polen, Dyer, IN, Attorney for Appellant.

Frederick R. Hovde , Nicholas C. Deets , Hovde Dassow & Deets LLC, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Trial Lawyers Association.

Robert J. Konopa , Mark D. Kundmueller , Tuesley Hall Konopa, LLP, South Bend, IN, Attorneys for Appellee.

Robert F. Parker , Nancy Townsend , Burke Costanza & Carberry LLP, Merrillville, IN, Donald B. Kite , Gonzalez Saggio & Harlan LLP, Indianapolis, IN, Attorneys for Amicus Curiae Defense Trial Counsel of Indiana.


On Transfer from the Indiana Court of Appeals, No. 45A03-1012-CT-668

DICKSON, Chief Justice.

The plaintiff in this case, Margaret Kosarko, challenges the trial court's denial of her motion for prejudgment interest following a jury verdict awarding her monetary damages. We reverse and hold that the Tort Prejudgment Interest Statute abrogates and supplants the common law prejudgment interest rules in cases covered by the statute.

On February 17, 2007...

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