AE, INC. v. Goodyear Tire & Rubber Co.

LUCERO, Circuit Judge.

Plaintiff AE, Inc. (“AE”) suffered property damage caused by a defective heating system designed in part by defendant Goodyear Tire & Rubber Company (“Goodyear”). After a jury awarded damages, the district court declined to award prejudgment interest under Utah law. It employed a presumption that damages are not calculable when a plaintiff provides varying damages estimates over the course of litigation, as was the case here. Because the jury had not adopted AE’s damages calculation, the court held that AE failed to rebut this presumption. AE now appeals, seeking…