Shen v. Nationwide Mutual Fire Insurance Company ( 2016 )

SUPERIOR COURT
OF THE
STATE OF DELAWARE
E. SCOTT BRADLEY 1 The Circle, Suite 2
JUDGE GEORGETOWN, DE 19947
July 6, 2016
John C. Andrade, Esquire Sean A. Dolan, Esquire
Parkowski, Guerke and Swayze, P.A. Law Office of Cynthia G. Beam
116 West Water Street Christiana Executive Campus
P.O. Box 598 131 Continental Drive, Suite 407
Dover, DE 19903 Newark, DE 19713-4301
RE: William Z. Shen and Qiao L. Shen Wang v. Nationwide Mutual Fire
Insurance Company
C.A. No. S12C-07-007 ESB
Dear Counsel:
This is my decision on the Plaintiffs’ Motion for Pre-judgment Interest and
Attorneys’ Fees1 and the Defendant’s Motion to Compel Satisfaction of Judgment.
The jury returned a $60,800.00 verdict in favor of the Plaintiffs on May 3, 2016. The
Defendant tendered a $60,800.00 check to the Plaintiffs on May 20, 2016. The
Plaintiffs did not accept the check. The Plaintiffs filed a Motion for Prejudgment
Interest and Attorneys’ Fees on June 1, 2016. The Defendant filed a Motion to
Compel Satisfaction of Judgment on June 1, 2016. The dispute between the parties
is whether prejudgment interest is a “cost” that must be requested in accordance with
Superior Court Civil Rule 54(d). This rule states “[e]xcept when express provision
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The Plaintiffs withdrew their request for attorneys’ fees.
therefor is made either in a statute or in these Rules or in the Rules of the Supreme
Court, costs shall be allowed as of course to the prevailing party upon application to
the Court within ten (10) days of the entry of final judgment unless the Court
otherwise directs.” The Delaware Supreme Court has found that “prejudgment
interest is an expense associated with the defense costs and strategy in the case.”2
(Emphasis added). In Brandywine Smyrna, Inc. v. Millennium Builders, LLC, the
Delaware Supreme Court also noted that Brandywine Smyrna filed a timely motion
for prejudgment interest. 3 (Emphasis added). In applying the holdings of these two
cases to this case, it appears that prejudgment interest is categorized as a cost, and
demand for that cost must be made in a timely fashion by filing a motion. Under
Superior Court Civil Rule 54(d), that time period is ten days. Plaintiffs filed their
motion 28 days after the jury issued its verdict, or 18 days past the cutoff date as
determined by Rule 54(d). As such, Plaintiffs’ Motion for Prejudgment Interest and
Attorneys’ Fees must be denied as untimely. The rationale for this requirement
appears to be that there must be finality to a case, which Rule 54 accomplishes by
imposing a 10-day deadline on any post-verdict request for costs by a plaintiff.
Defendant’s Motion to Compel Satisfaction of Judgment is granted.
2
State Farm Mutual Automobile Insurance Company v. Enrique, 16 A.3d 939 (Del.
2011).
3
34 A.3d 482, 484 (Del. 2011).
2
IT IS SO ORDERED.
Very truly yours,
/s/ E. Scott Bradley
E. Scott Bradley
ESB/sal
cc: Prothonotary
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