Sidney Diggs, IV v. Pepsi-Cola Metropolitan Bottling Co., Inc.

I concur in all of Chief Judge Engel’s opinion, with the lone exception of the final issue treated, that of prejudgment interest on the pay award for the period between date of complaint and date of judgment.

The award of prejudgment interest in a diversity case is a matter of state law because this type of interest is an element of the plaintiff’s damages. The Michigan statute is prescriptive, not discretionary; thus, the award of interest here is not a matter of discretion but rather a matter of law. As Chief Judge Engel notes, there is some disagreement among the intermediate appellate…