Newby

Newby v. Vroman

Good Law
11 Cal. App. 4th 283·14 Cal. Rptr. 2d 44·1992 Cal. App. LEXIS 1380·92 Daily Journal DAR 16048·92 Cal. Daily Op. Serv. 9618
Court of Appeal of CaliforniaNovember 30, 1992A053738California2,599 words

Opinion

Opinion

Peterson, J.

Trueman Vroman appeals from an adverse civil judgment, claiming the trial court improperly awarded prejudgment interest to respondents Elmer and Vincent Newby. We disagree and affirm.

I. Factual and Procedural Background

This is the second time we have dealt with this case on appeal, so only a short statement of facts is necessary.

In August 1981, a construction crane owned by respondents was damaged in an accident. NCI, Incorporated, a contracting firm, was hired to repair the damages. NCI, in turn, hired appellant, a civil engineer, to determine what work was necessary to repair the crane. In January 1982, while repairs were underway, the crane’s lifting capacity was tested. During the test, the crane collapsed and was damaged a second time.

Shortly thereafter, respondents filed a complaint against appellant, NCI, and others for the damages they sustained as a result of the second accident; that complaint alleged defendants’ negligence as the proximate cause of respondents’ damages, and the matter was tried in the Humboldt County Superior Court in March 1988. During the course of trial, NCI settled with respondents, agreeing to pay them the sum of $30,000. Appellant…

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