Newby v. Vroman

In Newby v. Vroman (1992) 11 Cal.App.4th 283, the court utilized the same formula as used here. The Newby court applied that formula when it calculated the amount of interest due a plaintiff under Civil Code section 3288, which states: "In an action for the breach of an obligation not arising from contract, . . . interest may be given, in the discretion of the jury." The court rejected the notion that interest should be calculated only on the amount of a jury's award that remains after the amounts paid by settling tortfeasors are deducted from such award. The court reasoned that awarding interest in that manner would mean that a plaintiff would not be fully compensated for his loss, and plaintiffs would be less likely to settle.