Del. Court Declines to Award Pre-Judgment Interest to Prevailing Party

WILMINGTON, Del. - A Delaware judge has ruled that an auto dealership that prevailed in a suit against its contractor over water damage is not entitled to prejudgment interest because it recovered less at trial than its settlement offer and because jurors included some interest in their award. Brandywine Smyrna, Inc., et al. v. Millennium Builders, LLC, et al., No. 08C-11-0065 (Del. Super. Ct., New Castle Cty.).

Delaware Superior Court Judge Mary M. Johnston denied Brandywine Smyrna's motion for prejudgment interest on Jan. 6, but she did add $8,300.27 in trial costs to the $612,659 jury verdict.

Brandywine sued Millennium …