Case Involving 25% Contributorily Negligent In a Fire
In Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212, 215 (Fla. 1985) Argonaut Insurance Company paid $ 249,360.51 to the owners of the Colony Club Apartments for damages from a fire caused by the negligence of a May Plumbing Company employee.
Argonaut then filed a subrogation action against May and its insurers and was awarded a judgment of $ 187,020.38 after the apartment owners were found to have been 25% contributorily negligent in the fire.
The trial court awarded prejudgment interest.
On appeal, the district court reversed the award of prejudgment interest, holding that the comparative negligence factor made the award of damages uncertain and, thus, unliquidated. 474 So. 2d at 213.