In a product liability action, a denial of prejudgment interest to plaintiff is affirmed where the district court employed an improper presumption that plaintiff was not entitled to prejudgment interest simply because its damages estimates were inconsistent, but plaintiff's damages were not sufficiently calculable to serve as a basis for prejudgment interest under Utah law.
Filed August 11, 2009
Opinion by Judge Lucero
David L. Black, Holland & Hart LLP, Denver, CO
Mary A. Wells, Ballard, Spahr, Andrews & Ingersoll, LLP, Denver, CO