Ford Motor Company v. WalkerAnnotate this Case
The plaintiff in this product liability case obtained a money judgment to compensate him for personal injuries he sustained in a car accident. The judgment debtor, the manufacturer of plaintiff’s car, appealed, and a division of the court of appeals reversed the judgment. The Colorado Supreme Court affirmed the division’s judgment on different grounds and remanded the matter for a new trial. On remand, plaintiff prevailed again, obtaining a new money judgment. The parties agreed that the nine percent interest rate applied from the date of the accident until the date of the appealed judgment (the first judgment). But the parties disagreed on the applicable interest rate between entry of that judgment and satisfaction of the final judgment (the second judgment). The Colorado Supreme Court held that whenever the judgment debtor appeals the judgment, the interest rate switches from nine percent to a market-based rate. "The outcome of the appeal is of no consequence; the filing of any appeal of the judgment by the judgment debtor triggers the shift in interest rate." Further, the Court held that the market-based postjudgment interest on the sum to be paid had to be calculated from the date of the appealed judgment. Thus, the market-based postjudgment interest rate applied from the date of the appealed judgment (the first judgment) through the date the final judgment (the second judgment) is satisfied.