Soderbeck v. Center for Diagnostic Imaging, Inc.

OPINION

HUDSON, Judge.

Appellant medical diagnostic company challenges the district court’s judgment in favor of respondent awarding interest on a personal-injury settlement of respondent’s medical-malpractice action. Because the settlement agreement does not provide for interest and respondent repudiated the settlement agreement, we conclude that the settlement amount did not become due or ascertainable and thus appellant is not liable for interest on the settlement amount. We therefore reverse.

FACTS

On December 9, 2003, respondent Keith Soderbeck agreed to settle his medical-malpractice…