Steinfeld

This appeal challenges the award of prejudgment interest and expert fees to a successful plaintiff following an unapportioned statutory offer of compromise presented to two defendants. We conclude that where multiple defendants face joint and several liability for the entire judgment, the statutory offer to compromise need not be apportioned. We also find no basis to toll the accumulation of prejudgment interest during the pendency of plaintiff’s earlier unsuccessful appeal.

Factual and Procedural Summary

In 1984, Phyllis Steinfeld filed a medical malpractice action against Foote-Goldman Proctologic Medical Group, Inc. (Medical Group) and Dr. Harris S. Goldman. The complaint contains a single cause of action against both defendants, alleging that they “negligently, carelessly, recklessly and unlawfully treated and cared for Plaintiff, Phyllis Steinfeld, including but not limited to negligently prescribing medication to Plaintiff and negligently treating and caring for Plaintiff and diagnosing Plaintiff’s condition, so that Plaintiff was caused to and did suffer the injuries and damages hereinafter alleged.” Dr. Goldman answered in December 1986, and Medical Group…