Prejudgment Interest Governed by Rhode Island Law, Not New York, 2nd Circuit Rules

NEW YORK - A federal appeals court has held that a New York District Court erred when it chose New York law to dictate the calculation of prejudgment interest payments to a mesothelioma patient who was successful in his personal injury lawsuit against a manufacturer and distributor of asbestos-containing products.

It said the lower court should have applied Rhode Island law when determining the interest figure, reasoning that the plaintiffs lived in Rhode Island and that was where most of the alleged asbestos exposure occurred. Caruolo, et al. v. John Crane Inc., et al., No. 99-7430(L), 99-7501(XAP) (2nd Cir.).