Bruder v. Carlin

BECK, Judge:

This is an appeal and cross-appeal from a judgment entered on a jury verdict in a personal injury suit. The issue we address is whether the trial court erred in refusing to award plaintiff delay damages on the basis of the Soldiers’ and Sailors’ Civil Relief Act of 1940, 50 U.S.C.A. App. §§ 501-591 (1981) (the Act), because defendant was in military service for a portion of the time prior to the trial of this action.1

We affirm the judgment of the trial court insofar as it awards compensatory damages to plaintiff, but reverse the trial court’s refusal to award delay damages and…