Leary v. Nantahala Power and Light Co.

MARTIN, Judge.

By its appeal, defendant Power Company assigns error to various of the court’s rulings at trial, and to its award of prejudgment interest. By their cross appeal, plaintiffs assign error to the court’s entry of judgment for an amount less than the jury verdict, and to post-trial rulings with regard to costs. We find no prejudicial error in the trial or in the court’s ruling as to costs, but conclude that the court erred in awarding prejudgment interest on that portion of the judgment not covered by liability insurance, and in reducing, ex mero motu, the jury’s verdict.…