On June 21, 2006 I wrote a post about the status of prejudgment interest in Tennessee.
The recent case featured in that post was Francois v. Willis, No. M2005-01263-COA-R3-CV (June 6, 2006). The Tennessee Supreme Court has denied the plaintiff’s Rule 11 Application in the case.
So, is prejudgment interest in personal injury and wrongful death cases now ""morally, ethic’lly, spiritually, physically, positively, absolutely, undeniably and reliably dead?"
Not quite. But to say that it is on life-support would be an exaggeration. Suffice it to say that prejudgment interest has sunk to the bottom of a murky pond covered with lilly pads.
That being said, there is no particular harm in asking for it in a complaint and seeing if the Tennessee Supreme Court will address the issue if the case goes up on other grounds.
But I would not spent a whole lot of time fighting about it in the Trial Court.
Why?
Because you will lose. Especially if Francois is published. And it almost certainly will be.