Ernst Home Center, Inc. v. Sato

Forrest, J.*

(concurring) — I concur in the majority’s disposition of the case and with the reasoning except for the discussion of prejudgment interest. The Majority, at 487, states the standard of review as follows: "a trial court’s award of prejudgment interest is reviewed for *492abuse of discretion.” I disagree. The dispositive issue in this case is whether discretion was necessarily exercised to determine damages, not whether the discretion was abused. If discretion is necessarily exercised by either judge or jury to determine damages, Washington law does not permit prejudgment interest…