Opinion
No. 2005-CA-0160, (CDC# 2001-7165) DIVISION "N-8".
March 30, 2006.
ORDER
WHEREAS, there was a typographical error in the amount of the judgment contained on page 14 of our opinion on appeal;
WHEREAS, Gay Parker filed an application for rehearing for the purpose of correcting the typographical error; and
WHEREAS, we hereby grant the application for rehearing filed by Gay Parker;
IT IS HEREBY ORDERED that the page numbered 14 attached to this order is substituted for the page numbered 14 originally included in our opinion. of $25,000." Alternatively, Ms. Parker asserts that the phrase "together with legal interest thereon from the date of suit until paid" refers to the phrase "the principal sum of THIRTY THOUSAND EIGHT HUNDRED EIGHTY-ONE ($30,881.00) DOLLARS." We agree with Ms. Parker.
It is clear to us that the interest to which the judgment refers is interest on the principal sum of $30,881.00 rather than to interest on the amount of the credit for insurance that has been previously paid. The amount of insurance owed by State Farm was the $25,000.00 settlement amount, and the amount of insurance owed by Colony is the total principal amount of the judgment less the $25,000.00 in insurance previously paid. State Farm and Colony are both liable to Ms. Parker for interest on the amount of insurance owed by them. State Farm has paid interest on the $25,000.00 insurance payment that it owed, and Colony is responsible for paying interest on the amount of insurance that it owes.
DECREE
Based on the foregoing discussion, we hereby affirm the trial court judgment with respect to the award of special damages in the principal amount of $30,881.00, we hereby reverse the trial court judgment insofar as the judgment fails to award general damages to Ms. Parker, and we hereby amend the trial court judgment to provide that Ms. Parker is awarded a total of $60,000.00 in general damages. The general damages are being awarded in connection with both the bilateral carpal tunnel syndrome and the aggravation of her pre-existing herniated disk that occurred as a result of the accident with Ms. Robinson.
Judgment is hereby rendered against Colony and in favor of Ms. Parker in the total principal amount of $65,881.00 plus interest as provided by law. This total