McClellan v. State Farm Mutual Automobile Insurance Company

Filing 113

JUDGMENT ON JURY VERDICT 108 in favor of Douglas McClellan against State Farm Mutual Automobile Insurance Company in the amount of $99,131.35; postjudgment interest will accrue at 0.12% per annum from today's date until the judgment is paid. Signed by Judge D. P. Marshall Jr. on 12/2/11. (vjt)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

JONESBORO DIVISION

DOUGLAS ANTHONY MCCLELLAN

v.

PLAINTIFF

No.3:10-cv-84-DPM

STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY

DEFENDANT

JUDGMENT
On 17 November 2011, after four days of trial, the twelve-person jury
returned a unanimous verdict in favor of McClellan. Document No. 108. At
the end of all the proof, the Court had granted McClellan's motion for
judgment as a matter of law on the $31,280 in damages available on the
policy, conditioned on the jury returning a verdict in McClellan's favor.
At the Court's request, after trial the parties conferred and reached
agreement on the other statutory elements of McClellan's damages. Document
No. 111; ARK. CODE ANN. § 23-79-208 (Rept 2004 & Supp. 2011). The agreed

amounts are:

•

Twelve percent penalty

$3,753.60

•

Prejudgment interest

$4,097.75

•

Reasonable attorney's fee

$60,000.00

The Court accepts and endorses these amounts.
The Court therefore enters judgment for Douglas Anthony McClellan
against State Farm Mutual Automobile Insurance Company in the amount of
$99,131.35. Postjudgment interest will accrue at 0.12% per annum from
today's date until the judgment is paid. 28 U.S.C.A. § 1961(a)-(b) (West 2006).

D.P. Marshall Jr.

United States District Judge

2 Decelnber 2011

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