Bell v. Westinghouse Electric Corp.

507 A.2d 548, 1986 D.C. App. LEXIS 312
CourtDistrict of Columbia Court of Appeals
DecidedApril 14, 1986
Docket85-310
StatusPublished
Cited by19 cases

This text of 507 A.2d 548 (Bell v. Westinghouse Electric Corp.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bell v. Westinghouse Electric Corp., 507 A.2d 548, 1986 D.C. App. LEXIS 312 (D.C. 1986).

Opinions

FERREN, Associate Judge:

The issue on appeal in this tort case is whether interest on a plaintiff’s judgment vacated by the trial court — but reinstated after appeal by a mandate that did not mention interest — shall run from the date of the verdict and original judgment or from the date the verdict and judgment were reinstated. We hold that, absent an express provision in our mandate, interest shall run from the date of the verdict and original judgment. Because the trial court ruled incorrectly, we reverse and remand.

I.

The facts of the underlying action are recited in Bell v. Westinghouse Electric Corp., 483 A.2d 324, 326 (D.C.1984) (Bell I). We summarize only the procedural history pertinent to this second appeal.

On January 27, 1983, a jury awarded appellant Bell $65,000 as compensation for injuries she suffered when her foot was caught in an escalator manufactured by appellee Westinghouse. The same day, the trial court entered judgment on the verdict, ordering “that the [pjlaintiff Patricia A. Bell recover of the defendant Westinghouse Electric Corporation the sum of $65,-000.00 with interest thereon from 1-27-83 at the rate ... provided by law, and [her] costs of [the] action.”

On February 7, 1983, the trial court sua sponte vacated the judgment and granted a new trial. Bell appealed from this order, requesting reinstatement of the jury’s verdict “with interest from the date of said judgment.” On October 30,1984, in Bell I, this court held that the trial court had abused its discretion in granting a new trial; we “reverse[d] and remand[ed] for [549]*549reinstatement of the jury’s verdict.” 483 A.2d at 329. We made no statement about interest. On November 27, 1984, our judgment and opinion were transmitted as our mandate to the Clerk of the Superior Court, in accordance with D.C.App.R. 41 (a).

On December 6, 1984, Bell moved the trial court for reinstatement of the jury’s verdict with interest running from the date of the trial court’s original judgment. On December 17, the trial court granted Bell’s motion, ordering interest to run from January 27, 1983 at the statutory rate of eight percent per annum.

Westinghouse moved for reconsideration based on Briggs v. Pennsylvania Railroad Co., 334 U.S. 304, 68 S.Ct. 1039, 92 L.Ed. 1403 (1948), arguing that, because our mandate was silent as to interest, none was awardable for the period before entry of our judgment and opinion in Bell I on October 30, 1984. The trial court granted the motion for reconsideration and, on March 4, 1985, amended its December 17 order to award interest only from October 30, 1984.

On appeal, Bell urges that Briggs is inapplicable. Bell accordingly asks this court to reverse the trial court’s amended order and to reinstate that court’s original award of statutory interest on the $65,000 (which Westinghouse has paid) from January 27, 1983, the date of the original jury verdict and judgment.

II.

In assessing Bell’s contention, we note, first, that the Supreme Court’s decision in Briggs pertained only to statutory interest awardable by the federal courts. Thus, Briggs and the federal cases which have interpreted it do not necessarily dictate how the District of Columbia trial courts must deal with interest, under our local statute, when this court’s mandate reinstating a verdict is silent on the subject. The federal caselaw development, however, is comprehensive and informative. Accordingly, we draw on this development in deciding a case of first impression for the District of Columbia.

A.

In Briggs, the jury returned a verdict awarding plaintiff damages, but the district court, instead of entering judgment on the verdict, granted defendant’s motion to dismiss the complaint for lack of jurisdiction. Plaintiff appealed, and the Court of Appeals for the Second Circuit reversed, directing entry of judgment on the verdict. 153 F.2d 841 (2d Cir.1946). The court’s mandate, however, was silent as to interest. Plaintiff did not move to recall and amend the mandate; the time for doing so expired. After remand, the district court entered judgment for plaintiff, as directed, and also awarded interest from the date of the verdict. This time, defendant appealed. The Court of Appeals modified the judgment to exclude interest for the period between verdict and judgment. The court stated that plaintiff only became “entitled” to a judgment when “ordinary appellate proceedings had been completed,” that the district court did not have “power to enter a judgment” for a sum that did not conform to the mandate, and that even if the court of appeals would have amended the mandate to include interest from the date of the verdict, it was too late under the rules to recall the mandate for that purpose, absent an “exceptional” circumstance, e.g., a “fraud upon the court.” 164 F.2d 21, 23 (1947). The Supreme Court affirmed, stating that the district court

has no power or authority to deviate from the mandate issued by an appellate court.... It is clear that the interest was in excess of the terms of the mandate and hence was wrongly included. ... The ... court’s mandate made no provision for such interest and the trial court had no power to enter judgment for an amount different than directed. If any enlargement of that amount were possible, it could be done only by amendment of the mandate.

334 U.S. at 306, 68 S.Ct. at 1040.

By focusing solely on the terms of the mandate and on the power of the court of [550]*550appeals alone to amend it, the Court's majority declined to address an alternative analysis proffered by the four Briggs dissenters, 334 U.S. at 307, 68 S.Ct. at 1040, based on Louisiana & Arkansas Ry. Co. v. Pratt, 142 F.2d 847 (5th Cir.1944). In the first Pratt appeal, the Fifth Circuit had reversed a judgment n.o.v. and ordered reinstatement of the jury’s verdict for plaintiff. The mandate was silent as to interest. 135 F.2d 692, 693 (5th Cir.1943). In the second Pratt appeal, the court held that its silent mandate should be construed, as a matter of law, to include the interest automatically provided by federal statute, 28 U.S.C. § 811 (now 28 U.S.C. § 1961), which is calculated from the date of the judgment. 142 F.2d at 849. The Briggs dissenters agreed with that proposition, adding that the Court, accordingly, should have dealt with the next question: what is the “date of the judgment” from which the statutory interest should be calculated— the “date of the verdict” or the “time of entering judgment after receipt of the appellate court’s mandate”?1 334 U.S. at 308-09, 68 S.Ct. at 1041. In view of the Briggs majority disposition, the dissenters declined to reach that question.

The Fifth Circuit in Pratt, however, had answered it.

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Bell v. Westinghouse Electric Corp.
507 A.2d 548 (District of Columbia Court of Appeals, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
507 A.2d 548, 1986 D.C. App. LEXIS 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-westinghouse-electric-corp-dc-1986.