From Casetext: Smarter Legal Research

Bodenheimer v. New Orleans Pb. Belt

Supreme Court of Louisiana
Nov 14, 2003
860 So. 2d 534 (La. 2003)

Summary

stating that “prejudgment interest is not available in FELA cases as legal interest may only accrue from the date of judgment”

Summary of this case from Kinworthy v. Soo Line R.R. Co.

Opinion

No. 2003-C-1855.

November 14, 2003.

IN RE: New Orleans Public Belt; New Orleans City of; Public Belt Railroad Commission/N.O.; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. B, Nos. 96-21355; to the Court of Appeal, Fourth Circuit, No(s). 2002-CA-0441, 02-CA-1283.

ON WRIT OF CERTIORARI FROM THE COURT OF APPEAL, FOURTH CIRCUIT


Granted in part; otherwise denied. See per curiam.

CDT

CDK

BJJ

JPV

JTK

JLW

CALOGERO, C.J., recused.


Writ granted in part; otherwise denied. All parties hereto agree that prejudgment interest is not available in FELA cases as legal interest may only accrue from the date of judgment. See Monesson Southwestern Ry. Co. v. Morgan, 486 U.S. 330 (1988). Accordingly, all prejudgment interest is hereby stricken from the judgment of the trial court. All other rulings of the lower courts remain intact and are hereby amended only as far as provided herein.


Summaries of

Bodenheimer v. New Orleans Pb. Belt

Supreme Court of Louisiana
Nov 14, 2003
860 So. 2d 534 (La. 2003)

stating that “prejudgment interest is not available in FELA cases as legal interest may only accrue from the date of judgment”

Summary of this case from Kinworthy v. Soo Line R.R. Co.

stating that "prejudgment interest is not available in FELA cases as legal interest may only accrue from the date of judgment"

Summary of this case from Kinworthy v. Soo Line R.R. Co.
Case details for

Bodenheimer v. New Orleans Pb. Belt

Case Details

Full title:ROBERT BODENHEIMER v. NEW ORLEANS PUBLIC BELT AND CSX TRANSPORTATION…

Court:Supreme Court of Louisiana

Date published: Nov 14, 2003

Citations

860 So. 2d 534 (La. 2003)

Citing Cases

Kinworthy v. Soo Line R.R. Co.

Some states have concluded that post-verdict, prejudgment interest is not recoverable in a FELA action.See…

Kinworthy v. Soo Line R.R. Co.

Kaiser Aluminum, 494 U.S. at 835, 110 S. Ct. at 1575 (quotation omitted). Following Monessen, a number of…