Nationwide Mutual Insurance Company v. Nall's Newton Tire

Filing 143

JUDGMENT in favor of Dft Nall's Newton Tire on its counter-claim for breach contract damages against Nationwide Mutual Insurance Company in the amount of $318,500.00 in damages plus 6% pre-judgment interest on that award since 8/15/13 through the date of this final judgment & costs in the amount of $5,344.67. Post judgment interest is awarded at the statutory rate of.54% as set out. Plf's claim for declaratory relief is DISMISSED w/PREJUDICE. Judgment is entered in favor of Nationwide Mutual Insurance Company & against Nall's Newton Tire on Nall's Newton Tire's counterclaim for bad faith. Signed by Judge Callie V. S. Granade on 12/10/2015. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
NATIONWIDE MUTUAL
INSURANCE COMPANY,
Plaintiff,
vs.
NALL’S NEWTON TIRE a/k/a
NALL’S NEWON TIRE SERVICE,
INC.,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 14-0110-CG-M

FINAL JUDGMENT
In accordance with the verdict of the jury returned on September 4, 2015,
finding for the defendant Nall’s Newton Tire on its counter-claim for breach of
contract damages against Nationwide Mutual Insurance Company, which damage
award having been remitted by this Court’s Order of December 7, 2015 (Doc. 141),
and accepted by Nall’s Newton Tire, it is hereby ORDERED, ADJUDGED, and
DECREED that final JUDGMENT is hereby entered in this case in favor of Nall’s
Newton Tire, against Nationwide Mutual Insurance Company as follows:
1) Nall’s Newton Tire is awarded THREE HUNDRED-EIGHTEEN
THOUSAND, FIVE HUNDRED DOLLARS and 00/100 ($318,500.00)
in damages plus 6% pre-judgment interest on that award since
August 15, 2013 through the date of this final judgment (.06 ÷ 365 =
.000164384 * $318,500 = $52.35 daily interest).

2) Nall’s Newton Tire is hereby awarded costs in the amount of FIVE
THOUSAND,

THREE

HUNDRED

FORTY-FOUR

and

67/100

($5,344.67).
3) Post judgment interest is awarded at the statutory rate of .54% pursuant
to 28 U.S.C. § 1961.
The plaintiff’s claim for declaratory relief is hereby DISMISSED WITH
PREJUDICE.
In accordance with this Court’s Order entered on August 13, 2015 (Doc. 91),
JUDGMENT is entered in favor of Nationwide Mutual Insurance Company, and
against Nall’s Newton Tire on Nall’s Newton Tire’s counterclaim for bad faith.
DONE and ORDERED this 10th day of December, 2015.!
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

!

2!