Loughridge v. Goodyear Tire & Rubber Co.

281 F. Supp. 2d 1252, 2003 U.S. Dist. LEXIS 15246
CourtDistrict Court, D. Colorado
DecidedAugust 22, 2003
DocketNos. CIV. 98-B-1302 (MJW), CIV. 98-B-1884 (MJW), CIV. 98-B-2118 (MJW), CIV. 98-B-227 (MJW), CIV. 99-B-345 (MJW), CIV. 99-B-488 (MJW), CIV. 00-B-388 (MJW), CIV. 01-B-571 (MJW)
StatusPublished
Cited by2 cases

This text of 281 F. Supp. 2d 1252 (Loughridge v. Goodyear Tire & Rubber Co.) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Loughridge v. Goodyear Tire & Rubber Co., 281 F. Supp. 2d 1252, 2003 U.S. Dist. LEXIS 15246 (D. Colo. 2003).

Opinion

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

Plaintiffs brought suit in eight consolidated cases under Colorado state law against Defendants Goodyear Tire and Rubber Company (“Goodyear”) and Chiles Power Supply d/b/a Heatway Radiant Floors and Snowmelting (“Heatway”). Goodyear and Heatway also brought cross-claims against each other. Following a seven-week jury trial, the jury returned verdicts that favored three of the Plaintiffs’ remaining claims, but denied the other two. The jury declined to award either defendant’s cross-claim. Plaintiffs now move for prejudgment interest. The motion is adequately briefed and oral argument would not materially aid its resolution. For the reasons set forth below, I grant the motion.

I. Facts

The facts of this case are set forth in Loughridge v. Goodyear Tire & Rubber Co., 192 F.Supp.2d 1175 (D.Colo.2002), and need not be fully repeated herein. At issue in this case was a hose manufactured for hydronic radiant heating systems. The systems circulate warm fluid under indoor flooring as an alternative to conventional heating systems, or under driveways and sidewalks to melt snow and ice. Goodyear manufactured and sold a hose, the Entran II, for use in Heatway’s radiant systems. Plaintiffs tried claims for sale of a defective product, negligence, negligent failure to warn, violation of the Colorado Consumer Protection Act, and civil conspiracy against Goodyear. Some plaintiffs also tried remaining claims for violation of the Colorado Consumer Protection Act and civil conspiracy against Heatway. The claims generally asserted system failure and home damage caused by the defective Entran II hose.

[1255]*1255After a seven-week trial, the jury returned verdicts in favor of all but one remaining Plaintiff and against Goodyear on three theories of recovery: strict liability, negligence, and negligent failure to warn. The jury found in favor of Goodyear and Heatway on Plaintiffs’ claims for civil conspiracy and violation of the Colorado Consumer Protection Act. Though Heatway was not a defendant on the Plaintiffs’ prevailing claims, the jury divided fault evenly between Goodyear and Heat-way (as a non-party at fault), finding them each one-half hable for repair and replacement costs, but not liable for any diminution in value the systems may have caused the homes. The jury also awarded some Plaintiffs other reasonable costs or losses associated with the Entran II’s failure. Neither defendant prevailed on its cross claim. Plaintiffs move for prejudgment interest.

II. Motion for Prejudgment Interest

Colorado Revised Statute § 5-12-102 provides for recovery of prejudgment interest,

at the rate of eight percent per annum compounded annually for ah moneys or the value of ah property after they are wrongfully withheld or after they become due to the date of payment or to the date judgment is entered, whichever first occurs. Colo.Rev.Stat. § 5-12-102(1)(b).

Goodyear does not challenge the Plaintiffs’ entitlement to prejudgment interest. Likewise, Plaintiffs and Goodyear have stipulated to three separate amounts of prejudgment interest for each prevailing plaintiff. See Appendix A. The amounts correspond to computation of prejudgment interest from three distinct accrual dates until the date a verdict was reached on June 19, 2003. The parties have also submitted three per diem amounts corresponding to the same accrual dates for interest awarded on and after June 20, 2003. See Appendix B. Though the parties dispute the appropriate accrual dates for prejudgment interest, they do not dispute the mathematical calculations corresponding to each accrual date for each prevailing plaintiff. I therefore focus my analysis on the only remaining dispute at issue — the date from which, under Colorado law, prejudgment interest began to accrue.

A. Date of “Wrongful Withholding”

The purpose of section 5-12-102 is to discourage a person responsible for payment of a claim to stall and delay payment until judgment or settlement. Mesa Sand & Gravel Co. v. Landfill, Inc., 776 P.2d 362, 364 (Colo.1989). The section “recognizes the time value of money. It represents a legislative determination that persons suffer a loss when they are deprived of property to which they are legally entitled.” Id. The section therefore “compensates the nonbreaching party for the loss of money or property to which he or she is otherwise entitled and thereby furthers the legislative purpose of section 5-12-102.” Id. at 365. I construe the section in light of its legislative intent and purpose, “mindful that [it] should not be strictly construed.” Id.

Plaintiffs contend that under Colo.Rev. Stat. § 5-12-102(1)(b) their repair, replacement, and other costs were “wrongfully withheld” from the time Entran II was installed in their respective homes because it was defective at that time. Goodyear argues that the prejudgment interest did not accrue until Plaintiffs actually replaced their systems or filed suit. I agree with Plaintiffs.

In Estate of Korf v. A.O. Smith Harvestore Prods., Inc., 917 F.2d 480 (10th Cir.1990), the Tenth Circuit considered the appropriate accrual date in a case involving purchase of a defective product. There, plaintiffs had purchased a defective [1256]*1256silo that resulted in the loss of corn crop profits. Id. at 482. The Court held that “money was wrongfully withheld from the Korfs on the date they were fraudulently induced to undertake the obligation for the defective Harvestore silo.” Id. at 486.

From the inception of this case, Plaintiffs have claimed defects in the Entran II hose as manufactured by Goodyear. The jury found in favor of Plaintiffs’ claims that Entran II was a defective product, that Entran II was manufactured negligently, and that Goodyear negligently failed to warn Plaintiffs about Entran IPs weaknesses. As in Korf, Goodyear’s defective product — whether functional for a time or not — was defective from the time of installation. Accordingly, funds owed for such replacement were wrongfully withheld starting at the time of installation.

1. Goodyear’s Contentions under Pegasus and Coleman

Goodyear contends that under Pegasus Helicopters, Inc. v. United Tech. Corp., 35 F.3d 507 (10th Cir.1994) and Coleman v. United Fire & Cas. Co., 767 P.2d 761 (Colo.Ct.App.1988), Plaintiffs’ cause of action did not accrue until Plaintiffs paid for or replaced their heating systems. I disagree.

In Pegasus Helicopters, Inc. v. United Tech. Corp., 35 F.3d 507 (10th Cir.1994), the Tenth Circuit considered the appropriate accrual date under Colo.Rev.Stat. § 5-12-102.

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Related

Loughridge v. Goodyear Tire & Rubber Co.
431 F.3d 1268 (Tenth Circuit, 2005)
Loughridge v. Goodyear Tire and Rubber Co.
281 F. Supp. 2d 1252 (D. Colorado, 2003)

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281 F. Supp. 2d 1252, 2003 U.S. Dist. LEXIS 15246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loughridge-v-goodyear-tire-rubber-co-cod-2003.