Chrispen v. USA et al

Filing 211

OPINION AND ORDER: the motion to alter or amend 207 is GRANTED. The Court will enter an amended judgment ordering that interest will begin accruing on judgment only "when the judgment becomes final after review on appeal or petition by the U nited States Government, and then only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance." Signed by Judge Karen K. Caldwell on 10/13/2017. (RCB)cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
AT PIKEVILLE
LISA ANN CHRISPEN,

CIVIL ACTION NO. 7:16-132-KKC

Plaintiff,
V.

OPINION AND ORDER

UNITED STATES OF AMERICA,
Defendant.

This matter came is before the Court on the United States’ motion to alter or amend
(DE 207) the Court’s judgment. For the following reasons, the Court will grant the motion.
The Court conducted a bench trial of plaintiff Lisa Chrispen’s claim for medical
negligence against the United States asserted under the Federal Tort Claims Act, 28 U.S.C.
§§ 2671, et seq., after which the Court found that Chrispen had proved by a preponderance
of the evidence that the United States’ negligence caused her to suffer damages totaling
$2,082,336.90. The Court entered a judgment awarding Chrispen that amount as
compensatory damages “at the legal rate of interest in effect as of the date of this judgment,
compounded daily and annually, until paid in full.”
With this motion, the United States interprets the judgment to provide that interest
begins to accrue against it from the date of the judgment. Citing 31 U.S.C. § 1304(b)(1)(A),
the United States argues that it cannot be ordered to pay interest from the date of the
judgment, but only from the date the judgment becomes final after review on appeal by the
United States. Chrispen concedes that the United States is correct but argues that the
judgment entered by the Court does not provide that interest should begin accruing on the
date that it is entered.

In order to eliminate any confusion, the Court hereby ORDERS that the motion to
alter or amend (DE 207) is GRANTED. The Court will enter an amended judgment
ordering that interest will begin accruing on the judgment only “when the judgment
becomes final after review on appeal or petition by the United States Government, and then
only from the date of filing of the transcript of the judgment with the Secretary of the
Treasury through the day before the date of the mandate of affirmance.” 31 U.S.C.
§ 1304(b)(1)(A); Lee v. United States, 765 F.3d 521, 530 (5th Cir. 2014).

Dated October 13, 2017.

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