Harsany

Harsany v. Cessna Aircraft Co.

Good Law
148 Cal. App. 3d 1139·196 Cal. Rptr. 374·1983 Cal. App. LEXIS 2433
Court of Appeal of CaliforniaOctober 25, 1983Civ. 26190California2,095 words

Opinion

Opinion

Wiener, J.

Cessna Aircraft Company and El Cajon Flying Service (Cessna) appeal that part of the judgment entered after a jury awarded prejudgment interest to Katherine Harsany, administratrix of the estate of James H. Stilwell and Stilwell Aircraft Service (Stilwell). We affirm.

This case involves the crash of 1971 Cessna 42IB on April 29, 1976. Stilwell cross-complained against Cessna and El Cajon Flying Service for property damage and loss of use of the aircraft plus interest. The case was tried to a jury on theories of strict products liability and negligence. The jury found Stilwell’s damage to be $160,000 and apportioned fault as follows; to James H. Stilwell—7 percent, to El Cajon Flying Service—60 percent and to Cessna—33 percent. The jury also found interest should be awarded on the damage at the rate of 7 percent per annum from the date of the loss of the aircraft. Judgment was entered against appellants for $148,800 (93 percent of the value of the aircraft) and $53,816 (interest at 7 percent from April 29, 1976 to June 30, 1981).

The legal issue here arises from the court’s instruction to the jury on prejudgment interest: “In addition to the fair market value of the…

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