Opinion
Case No. 02-CV-73819-DT.
January 31, 2006
ORDER DENYING MOTION TO AMEND JUDGMENT TO INCLUDE PREJUDGMENT INTEREST
This is a commercial dispute. On November 07, 2005, a jury awarded plaintiff $494,644.23 for losses suffered because defendants failed to take responsibility for obsolete materials and $3,087,004.09 for losses suffered because of justifiable reliance on a promise relating to defendants' excess materials responsibility. Plaintiff has moved to amend the judgment entered on the verdict on the same day to include interest from the date of the filing of the complaint to the date of the judgment. While such interest is customarily awarded to a prevailing plaintiff for delay in payment, such an award is not mandatory. There is an element of discretion. See, Ely v. Turner, 193 Mich. App. 244 (1992).
Given that the jury found defendants did not breach an agreement to purchase additional LINKS, the subject matter of the contractual relationship of the parties, and in the particular of the circumstances of this case, the Court exercises its discretion not to award prejudgment interest.
The motion to amend the judgment is DENIED.
Still pending is defendants' motion for judgment as a matter of law, or in the alternative, for a new trial.
SO ORDERED.