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Split COA reverses trial court in personal injury case

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Two Indiana Court of Appeals judges reversed a trial court’s denial of a woman’s motion for prejudgment interest in a case stemming from a car crash.

In Margaret Kosarko v. William A. Padula, Administrator of the Estate of Daniel L. Herndobler, Deceased, No. 45A03-1012-CT-668, Margaret Kosarko and Daniel Herndobler were in an auto accident. Herndobler died while Kosarko’s case against him was still pending. Kosarko served William Padula – the administrator of Herndobler’s estate – with a settlement offer in 2008 in the amount of $100,000. Padula did not accept the offer.

The case was presented to a jury, which returned a verdict in favor of Kosarko in the amount of $210,000. Subsequently, Kosarko filed a motion for prejudgment interest. After a hearing, the trial court denied Kosarko’s motion, concluding that her damages, as determined by the jury in this case, were not ascertainable within a time frame that justified granting her motion for prejudgment interest.

The COA held that prejudgment interest is allowable when the damages are capable of being determined by reference to some known standard, such as fair market value. The appellate court found no indication that Kosarko’s increased medical expenses were unnecessary, fraudulent or unrelated to the automobile accident, nor did it find evidence that Kosarko unduly delayed the surgery that caused the largest increase in her medical costs. It therefore reversed, holding Kosarko is entitled to $79,627.40 in prejudgment interest.

Judge Melissa May dissented, holding that the majority concluded that “Padula had ample opportunity to evaluate the known dollar cost of the dispute and consider settlement” in the year that elapsed between March 2009, when Padula learned of Kosarko’s back surgery, and the March 2010 trial. But May wrote that the majority did not explain how that conclusion is relevant to whether Kosarko’s damages were ascertainable during the 30 days in 2008 when Kosarko’s Qualified Settlement Offer was valid. May wrote that she would affirm the trial court’s denial of Kosarko’s motion.

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  1. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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