Martinez v. Jesik

BERMAN, Judge.

Plaintiffs appeal from those portions of the judgment in a personal injury action which denied them prejudgment interest from the date the action accrued until the date the complaint was filed, and which reduced the jury verdict by the settlement amount before determining the statutory interest owed. We affirm in part and reverse in part.

This negligence action was filed by plaintiffs on November 28, 1979, following an automobile-fire truck collision on January 18, 1978. Prior to trial, plaintiffs reached a $100,000 settlement with one of the defendants, and he was dismissed as a…