Ehret
Ehret v. Congoleum Corp.
Opinion
Opinion
Epstein, J.
This is the second time this wrongful death case has been before us. In this appeal, we are asked to determine whether postjudgment interest should run from the date of entry of the judgment on the original jury verdict, or from the judgment entered following our remittitur on the first appeal. We conclude that, as a matter of statutory interpretation, the trial court correctly ruled that postjudgment interest runs from the original judgment, and affirm.
Factual and Procedural Summary
Robert Ehret was a journeyman floor covering contractor who was diagnosed with terminal pericardial mesothelioma. He sued several flooring manufacturers and distributors, including Congoleum Corporation, alleging that his illness was caused by asbestos in various flooring products he installed 20 to 30 years earlier. All the manufacturers other than Congoleum settled for a total of $2,565,000. One distributor, L. D. Brinkman & Co (Brinkman), also went to trial. (Ehret v. Congoleum Corp. (1999) 73 Cal.App.4th 1308, 1312 [ 87 Cal.Rptr.2d 363 ] (Ehret I).)
Mr. Ehret died during the trial. The case continued as a wrongful death action brought by his widow and three other heirs. The jury…