Negligence : Wrongful Death – Prejudgment Interest – Waiver

Even though a defendant in a wrongful death action made a voluntary payment on the overall award, the plaintiffs did not show that any part of the payment was intended as payment of prejudgment interest, so the defendant did not waive his challenge to that award, and the award of prejudgment interest is reversed because the plaintiffs did not provide the required written authorizations to allow the defendant to obtain any of the decedent’s medical or employment records, but the award of compensatory damages was supported by the evidence and was not excessive.

Judgment is affirmed in part; reversed in part.

Hawley v. Tseona (MLW No. 67190/Case No. WD76358 – 9 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Appealed from circuit court, Jackson County, Manners, J. (Christopher P. Sweeny for respondents) (Michael T. Moulder for appellant).

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