Brown v. Donham

PRICE, Judge.

This is an appeal from an award of prejudgment interest to Ms. Theresa Brown, pursuant to § 408.040.2, RSMo 1994. 1 Because Ms. Brown failed to make a demand for payment of an amount of money that was “readily ascertainable”, the circuit court’s grant of prejudgment interest is reversed.

I

On February 6, 1992, at 3:40 a.m., Ms. Brown was a passenger in a car driven by Ms. Donham. Ms. Brown was injured when Ms. Donham fell asleep at the wheel and the car left the highway and overturned, throwing all four occupants from the car. A second passenger, Arlene Palomo, was killed in the…