CHAPTER 673
INTEREST

Table of Contents

Sec. 37-3a. Rate recoverable as damages. Rate on debt arising out of hospital services.

      Sec. 37-3a. Rate recoverable as damages. Rate on debt arising out of hospital services.

      Prejudgment interest is awarded in discretion of trial court to compensate the prevailing party for delay in obtaining money that rightfully belongs to him. Detention of the money must be determined to have been wrongful. The party seeking prejudgment interest has burden of demonstrating that retention of money is wrongful, and this requires more than demonstrating that opposing party detained money when it should not have done so. Focus of the prejudgment interest award allowed by Sec. 37-3a has been to provide interest, at court's discretion, when there is no dispute over the sum due and the liable party has, without justification, refused to pay. 99 CA 747. Trial court did not abuse its discretion in denying prejudgment interest. 102 CA 23.

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