[DOWNLOAD] "Havis v. Petroleum Helicopters Inc." by Fifth Circuit United States Court Of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Havis v. Petroleum Helicopters Inc.
• Author : Fifth Circuit United States Court Of Appeals
• Release Date : January 14, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The sole issue in this appeal is whether the District Court erred in awarding Jerry Havis pre-judgment interest at the rate of ten percent, whereas the appellant contends that the rate should have been seven percent. On this issue, we reverse and remand for the entry of an appropriate amendment to the judgment in question. Havis was injured when a helicopter on which he was a passenger fell into the Gulf of Mexico. Alleging both diversity and maritime jurisdiction, he sued the helicopter operator for personal injuries and demanded a jury trial. The defendant challenged jurisdiction in diversity, which Havis resisted, and the challenge was overruled. The case was tried to a jury, which found in favor of Havis and assessed his damages at $800,000, with no mention of interest. Neither the plaintiff nor the defendant presented any evidence or requested any jury instructions concerning interest in the event the verdict went for the plaintiff. After the jury had returned its verdict and had been dismissed, the trial court entered judgment for interest at the rate of ten percent from the date of judicial demand, whereas, the statutory rate in Louisiana is seven percent. A motion to amend the judgment to the seven percent rate was denied.

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