Connecticut General Statutes/Title 37/Chapter 673/Section 37-3b

CGS § 37-3b. Rate of interest recoverable in negligence actions.

(a) For a cause of action arising on or after May 27, 1997, interest at the rate of ten per cent a year, and no more, shall be recovered and allowed in any action to recover damages for injury to the person, or to real or personal property, caused by negligence, computed from the date that is twenty days after the date of judgment or the date that is ninety days after the date of verdict, whichever is earlier, upon the amount of the judgment.

(b) If any plaintiff in such action files a postverdict or postjudgment motion or an appeal, the recovery of interest by such plaintiff shall be tolled and interest shall not be added to the judgment for the period that such postverdict or postjudgment motion or appeal is pending before the court. The provisions of this subsection shall not apply if the reason for the filing of a postverdict or postjudgment motion or appeal by the plaintiff is to reply to or answer a motion or appeal filed by a defendant.

Short History

(P.A. 81-315, S. 2; P.A. 97-58, S. 2, 5.)

Long History

History: P.A. 97-58 designated existing provisions as Subsec. (a) and amended said Subsec. to make the recovery of interest mandatory, rather than discretionary, for causes of action arising on or after May 27, 1997 and to provide that the interest shall be computed “from the date that is 20 days after the date of judgment or the date that is 90 days after the date of verdict, whichever is earlier, upon the amount of the judgment” rather than “from the date of judgment”, and added Subsec. (b) re the effect on the recovery of interest when the plaintiff files a postverdict or postjudgment motion or an appeal, effective May 27, 1997.

Citations

Standard to determine award of interest under Sec. 37-3a is no different from the standard under version of this section in effect before 1997 amendment; interest is authorized when trial court determines, in its discretion, that considerations of fairness and equity warrant such an award; trial court misconstrued standard of Sec. 37-3a as requiring proof of wrongfulness over and above proof of the underlying legal claim, and because trial court did not exercise the discretion contemplated by said section, its decision to deny postjudgment interest under this section was improper. 310 C. 38. 2005 revision authorizes award of postjudgment interest at an annual rate of up to 10 per cent and does not restrict discretion of the trial court to choose any rate within that range or limit the trial court to a consideration of specific factors not enumerated in section; the legal duty to pay postjudgment interest arises when the trial court, in the exercise of its discretion, awards such postjudgment interest, and not beforehand, and the interest on the award of such postjudgment interest does not lawfully begin to accrue until such date. 316 C. 790.

Cited. 15 CA 381; 31 CA 455; 45 CA 543.

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