DeGood Dimensional Concepts, Inc. v. Wilder, 135 N.E.3d 625, 637 (Ind.Ct.App. 2019).
[14] When a trial court enters findings of fact and conclusions of law, those findings are to be liberally construed to support the judgment. DeGood Dimensional Concepts, Inc. v. Wilder, 135 N.E.3d 625, 631 (Ind. Ct. App. 2019). On appeal, we apply the following two-tiered standard of review: "we must first determine whether the evidence supports the findings and second, whether the findings support the judgment."
Mr. Barrett is also entitled to pre-judgment interest on his Indiana Wage Payment Statute claim.DeGood Dimensional Concepts, Inc. v. Wilder, 135 N.E.3d 625, 637 (Ind.Ct.App. 2019) (affirming award of pre-judgment interest under the Indiana Wage Payment Statute)
But this is a contract dispute, where prejudgment interest serves a different goal-compensating plaintiffs for the lost use of their money. See DeGood Dimensional Concepts, Inc. v. Wilder, 135 N.E.3d 625, 637 (Ind.Ct.App. 2019); see also BRC Rubber, 981 F.3d at 634. The cause of the delay is irrelevant to that goal; therefore, tolling here was not required.
Mr. Turentine is also entitled to pre-judgment interest on his Indiana Wage Payment Statute claim. DeGood Dimensional Concepts, Inc. v. Wilder, 135 N.E.3d 625, 637 (Ind. Ct. App. 2019) (affirming award of pre-judgment interest under the Indiana Wage Payment Statute). The statutory interest rate is 8% per year, Ind. Code § 24-4.6-1-102, which does not compound absent an underlying agreement of the parties, Firstmark Std. Life Ins. v. Goss, 699 N.E.2d 689, 693 (Ind. Ct. App. 1998).
An award of damages must not be reversed "so long as the damages fall within the scope of the evidence." DeGood Dimensional Concepts, Inc. v. Wilder , 135 N.E.3d 625, 634 (Ind. Ct. App. 2019) (citing Manzo , 689 N.E.2d at 475 ). Discussion and Decision
The finder of fact is in the best position to assess damages. DeGood Dimensional Concepts, Inc. v. Wilder, 135 N.E.3d 625, 634 (Ind. Ct. App. 2019) (internal citations omitted), trans. denied; accord Renner v. Shepard-Bazant, 172 N.E.3d 1208, 1212 (Ind. 2021). A new trial, however, is warranted where " ‘the damages awarded are so small as to indicate that the jury … considered some improper element.’
But the trial court found sufficient evidence Franciscan acted in good faith, including that it consulted an attorney and acted on Klein's understanding of the contract and his concerns over violating federal law. SeeDeGood Dimensional Concepts, Inc. v. Wilder , 135 N.E.3d 625, 637 (Ind. Ct. App. 2019) (holding employer did not act in bad faith in withholding wages where there was a "bona fide dispute"). Dr. Metzman asks us to reweigh this evidence, which we do not do.
See Appealed Order 1, pp. 8, 9 (¶¶ 17, 21). [21] Prejudgment interest is allowable on the principal amount from the time that amount was demanded or due. DeGood Dimensional Concepts, Inc. v. Wilder , 135 N.E.3d 625 (Ind. Ct. App. 2019). Here, the principal amount due under the contract was $167,041.85; the $34,820.89 in maintenance expenses is an add-on and was not addressed by the parties’ contract.
Facts and Procedural History [2] The facts of the claim underlying this attorney fee issue can be found in our earlier opinion DeGood Dimensional Concepts, Inc. v. Wilder , 135 N.E.3d 625 (Ind. Ct. App. 2019) : DeGood is a corporation in North Webster that manufactures and sells small orthopedic medical devices.