Legal Opinion

Phelps v. Duke Power Co.

Supreme Court of North Carolina

Decided February 9, 1989No. 464PA87Published

1Opinion of the Court

EXUM, Chief Justice.

The questions raised here relate to the awarding of prejudgment interest under former N.C.G.S. § 24-5 (1983 Cum. Supp.) before it was rewritten by Chapter 214 of the 1985 Session Laws.1 Former N.C.G.S. § 24-5 provided:

*74The portion of all money judgments designated by the fact-finder as compensatory damages in actions other than contract shall bear interest from the time the action is instituted until the judgment is paid and satisfied, and the judgment and decree of the court shall be rendered accordingly. The preceding sentence shall apply only to claims covered by…

2Cases cited14 opinions

  1. State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980
  2. Stevenson v. City of DurhamSupreme Court of North Carolina · 1972
  3. State Ex Rel. North Carolina Milk Commission v. National Food Stores, Inc.Supreme Court of North Carolina · 1967
  4. Matter of ArthurSupreme Court of North Carolina · 1977
  5. Town of Emerald Isle Ex Rel. Smith v. StateSupreme Court of North Carolina · 1987

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