Nationwide Mut. Ins. Co. v. Nall's Newton Tire

Full title: NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. NALL'S NEWTON TIRE…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION

Date published: Dec 10, 2015

CIVIL ACTION NO. 14-0110-CG-M (S.D. Ala. Dec. 10, 2015)

Opinion

CIVIL ACTION NO. 14-0110-CG-M

12-10-2015

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. NALL'S NEWTON TIRE a/k/a NALL'S NEWON TIRE SERVICE, INC., Defendant.

Callie V. S. Granade UNITED STATES DISTRICT JUDGE

FINAL JUDGMENT

In accordance with the verdict of the jury returned on September 4, 2015, finding for the defendant Nall's Newton Tire on its counter-claim for breach of contract damages against Nationwide Mutual Insurance Company, which damage award having been remitted by this Court's Order of December 7, 2015 (Doc. 141), and accepted by Nall's Newton Tire, it is hereby ORDERED, ADJUDGED, and DECREED that final JUDGMENT is hereby entered in this case in favor of Nall's Newton Tire, against Nationwide Mutual Insurance Company as follows:

1) Nall's Newton Tire is awarded THREE HUNDRED-EIGHTEEN THOUSAND, FIVE HUNDRED DOLLARS and 00/100 ($318,500.00) in damages plus 6% pre-judgment interest on that award since August 15, 2013 through the date of this final judgment (.06 ÷ 365 = .000164384 * $318,500 = $52.35 daily interest).

2) Nail's Newton Tire is hereby awarded costs in the amount of FIVE THOUSAND, THREE HUNDRED FORTY-FOUR and 67/100 ($5,344.67).

3) Post judgment interest is awarded at the statutory rate of .54% pursuant to 28 U.S.C. § 1961.

The plaintiff's claim for declaratory relief is hereby DISMISSED WITH PREJUDICE.

In accordance with this Court's Order entered on August 13, 2015 (Doc. 91), JUDGMENT is entered in favor of Nationwide Mutual Insurance Company, and against Nall's Newton Tire on Nall's Newton Tire's counterclaim for bad faith.

DONE and ORDERED this 10th day of December, 2015.

/s/ Callie V. S. Granade

UNITED STATES DISTRICT JUDGE