In Kosarko v. The Estate of Herndobler (Cause No. 45A03-1012-CT-668), the Lake County trial court denied a motor vehicle collision plaintiff prejudgment interest. Margaret Kosarko (plaintiff) was injured in an automobile accident involving Daniel Herndobler. Kosarko sued Herndobler for her injuries arising from the crash.
Herndobler died while his case was pending and the administrator of his estate was substituted as the defendant. On March 18, 2008, Kosarko served the administrator with a settlement offer of $100,000 payable within sixty (60) days, but it was not accepted. Following a jury trial, a verdict was returned in favor of Kosarko in the amount of $210,000. Kosarko filed a motion with the trial court for prejudgment interest and the trial court denied the motion.