The named plaintiff, Michele DiLieto,
The following undisputed facts and procedural history are relevant to our resolution of this appeal. Following our remand in DiLieto v. County Obstetrics & Gynecology Group, P.C., supra, 297 Conn. 105, 998 A.2d 730, Daly filed a motion for, inter alia, an award of postjudgment interest under § 37-3b, calculated at the maximum statutory annual rate of 10 percent, in the amount of $1,769,146. The defendants opposed the motion, arguing that, in accordance with Carrano v. Yale-New Haven Hospital, 112 Conn.App. 767, 773-74, 963 A.2d 1117 (2009), the wrongful detention standard applicable to an award of interest under § 37-3a applies to interest awarded under § 37-3b. The defendants further maintained that, because their appeal was brought in good faith, the money that was payable to Daly under the judgment, which had been stayed automatically by operation of Practice Book § 61-11,
DiLieto, who, by the time the court was considering Daly's motion, had been substituted as the plaintiff, claimed that, under Gionfriddo v. Avis Rent A Car System, Inc., 192 Conn. 301, 304-305, 472 A.2d 316 (1984), a party who recovers offer of judgment interest under § 52-192a is entitled to postjudgment interest under § 37-3b as a matter of law. She also argued that, to the extent that Carrano holds that wrongful detention is an element of an award of interest under § 37-3b, that case was wrongly decided because it conflicts with Gionfriddo and, furthermore, that, in contrast to § 37-3a, § 37-3b does not contain language explicitly or implicitly conditioning an award of interest on a finding that money was wrongfully detained. She also argued that, even if wrongful detention is a requirement under § 37-3b, that requirement was met in the present case because this court determined in DiLieto v. County Obstetrics & Gynecology Group, P.C., supra, 297 Conn. at 105, 998 A.2d 730, that the defendants' failure to compensate her for her injuries was unreasonable beginning on January 27, 2000, the date on which the defendants were deemed to have rejected her reasonable offers to settle. See id., at 158-59, 998 A.2d 730. According to DiLieto, if the defendants' detention of the money due under the judgment was sufficiently unreasonable to trigger six years of punitive offer of judgment interest under § 52-192a, "then [a fortiorari] their decision to withhold payment after [July 14, 2006] was sufficiently unreasonable to trigger [her] entitlement to postjudgment interest under ... § [37-3b]."
The trial court agreed with the defendants that, under Carrano, the wrongful detention standard of § 37-3a also applies to an award of postjudgment interest under § 37-3b. The trial court further observed that, under Hartford Steam Boiler Inspection & Ins. Co. v. Underwriters at Lloyd's & Cos. Collective, 121 Conn.App. 31, 994 A.2d 262, cert. denied, 297 Conn. 918, 996 A.2d 277 (2010), "in the context of [§ 37-3a], wrongful is not synonymous with bad faith conduct. Rather, wrongful means simply that the act is performed without the legal right to do so." (Internal quotation marks omitted.) Id., at 63,
On appeal to this court, DiLieto claims that the trial court incorrectly applied the wrongful detention standard of § 37-3a in concluding that she was not entitled to postjudgment interest under § 37-3b. DiLieto also renews her claim that she is entitled to § 37-3b interest by virtue of our decision in Gionfriddo. Although we are unpersuaded by DiLieto's claim under Gionfriddo, we agree that the trial court applied the wrong legal standard in denying the motion for postjudgment interest under the version of § 37-3b in effect before the 1997 amendment.
As with all claims involving statutory interpretation, we begin our analysis with the language of the relevant statutory provision. The applicable version of § 37-3b, which was enacted in 1981; see Public Acts 1981, No. 81-315, § 2; provides: "For a cause of action arising on or after October 1, 1981, interest at the rate of ten per cent a year, and no more, may be recovered and allowed in any action to recover damages for injury to the person, or to real or personal property, caused by negligence, computed from the date of judgment." General Statutes (Rev. to 1995) § 37-3b. Thus, by its plain terms, § 37-3b authorizes an award of post-judgment
In addition, the legislature amended § 37-3b in 1997 by replacing the word "may" with "shall," thereby evidencing an intent that postjudgment interest not exceeding 10 percent is mandatory for actions governed by the statute as amended. See P.A. 97-58, § 2; see also, e.g., Stewart v. Tunxis Service Center, 237 Conn. 71, 78, 676 A.2d 819 (1996) ("`[t]he legislature's use of the word "shall" generally evinces an intent that the statute be interpreted as mandatory'"). This legislative genealogy leaves no doubt that the legislature, in amending the statute, was seeking to convert § 37-3b from a statute that permitted an award of postjudgment interest in the discretion of the trial court into one that mandates such an award. Under the version of § 37-3b applicable to the present case, therefore, the trial court had discretion to award postjudgment interest.
The trial court concluded, however, that its discretion to award interest on the judgment was constrained by the wrongful detention standard of § 37-3a, which, in the trial court's view, was applicable to § 37-3b by virtue of Carrano. The court further determined that, under the wrongful detention standard, DiLieto was required to prove that the defendants were legally obligated to pay the judgment during the pendency of their appeal, a showing that DiLieto could not make because the judgment had been stayed automatically by operation of Practice Book § 61-11. We conclude that, although the standard for an award of interest is the same under both § 37-3a and the version of § 37-3b in effect before the 1997 amendment, the trial court misconstrued that standard in denying DiLieto's motion for postjudgment interest under § 37-3b. As we explain more fully hereinafter, in the context of § 37-3a, a wrongful detention of money, that is, a detention of money without the legal right to do so, is established merely by a favorable judgment on the underlying legal claim, so that the court has discretion to award interest on that judgment, without any additional showing of wrongfulness, upon a finding that such an award is fair and equitable. Consequently, contrary to the determination of the trial court, the fact that a defendant has a legal right to withhold payment under the judgment during the pendency of an appeal is irrelevant to the question of whether the plaintiff is entitled to interest under § 37-3a. We now turn to a brief discussion and analysis of § 37-3a to demonstrate why the trial court misconstrued the standard applicable to that provision.
Section 37-3a provides in relevant part: "(a) Except as provided in sections 37-3b, 37-3c and 52-192a, interest at the rate of ten per cent a year, and no more, may be recovered and allowed in civil actions or arbitration proceedings under chapter 909, including actions to recover money loaned at a greater rate, as damages for the detention of money after it becomes payable...."
Although § 37-3a does not use the word "wrongful" to describe a compensable detention of money under the statute,
Like § 37-3a, § 37-3b does not identify the factors to be considered by the trial court in exercising its discretion under the statute. Accordingly, the court is free to consider whatever factors may be relevant to its determination. "Judicial discretion, however, is always a legal discretion, exercised according to the recognized principles of equity.... Such discretion ... imports something more than leeway in decision making and should be exercised in conformity with the spirit of the law and should not impede or defeat the ends of substantial justice." (Citation omitted; internal quotation marks omitted.) Burton v. Browd, 258 Conn. 566, 569-70, 783 A.2d 457 (2001).
"Inherent [therefore] in the concept of judicial discretion is the idea of choice and a determination between competing considerations..... A court's discretion must be informed by the policies that the relevant statute is intended to advance." (Internal quotation marks omitted.) Bank of New York v. Bell, 120 Conn.App. 837, 848, 993 A.2d 1022, cert. dismissed, 298 Conn. 917, 4 A.3d 1225 (2010). As we have indicated, regardless of whether a statute provides for mandatory or discretionary postjudgment interest, the policy behind any such provision is to compensate the successful party for "the loss of the use of the money that he or she is awarded from the time of the award until the award is paid in full." Thames Talent, Ltd. v. Commission on Human Rights & Opportunities, 265 Conn. 127, 144, 827 A.2d 659 (2003); see also Poleto v. Consolidated Rail Corp., 826 F.2d 1270, 1280 (3d Cir.1987) ("[p]ostjudgment interest represents the cost of withholding the amount owed the plaintiff once that sum has been determined in a court proceeding"); Life Ins. Co. of Georgia v. Johnson, 725 So.2d 934, 943 (Ala.1998) (postjudgment interest is "just compensation to ensure that a money judgment will be worth the same when it is actually received as when it was awarded" [internal quotation marks omitted]).
In the present case, the trial court did not exercise its discretion in consideration of the equities, as required. Rather, the court misconstrued the standard of § 37-3a as requiring proof of wrongfulness over and above proof of the underlying legal claim. Because the trial court did not exercise the discretion contemplated by the statute, its decision to deny DiLieto postjudgment interest under § 37-3b cannot
We, however, are unpersuaded by DiLieto's contention that, under Gionfriddo v. Avis Rent A Car System, Inc., supra, 192 Conn. 301, 472 A.2d 316, a party entitled to punitive prejudgment interest under § 52-192a necessarily is entitled to postjudgment interest under § 37-3a.
The trial court in Gionfriddo had determined that the statutory damages award should not be included in the comparison and, on that basis, concluded that the plaintiff was not entitled to offer of judgment interest because the offer of judgment had exceeded the verdict amount. Id., at 302, 472 A.2d 316. We reversed the judgment of the trial court; see id., at 310, 472 A.2d 316; concluding that an offer of judgment is an offer to settle the entire case, including any counts to which statutory damages may apply, and, therefore, the trial court should have compared the offer of judgment to the entire award under the judgment. See id., at 306-307, 472 A.2d 316. Because we were remanding the case to the trial court for an award of interest under § 52-192a, we considered an issue that the trial court had not addressed but that was likely to arise on remand, namely, whether interest authorized by § 52-192a continues to accrue until the judgment is paid in full or terminates at the time of judgment. See id., at 307-308, 472 A.2d 316. In concluding that such interest terminates at the time of judgment,
It is this language purporting to recognize the plaintiff's "entitlement" to postjudgment interest under § 37-3a that DiLieto relies on to support her claim of entitlement to postjudgment interest under § 37-3b. Id. A review of the records and briefs in Gionfriddo reveals that the issue of whether postjudgment interest is automatic under § 37-3a in cases in which the plaintiff is entitled to prejudgment interest under § 52-192a was not before this court because the defendant in that case did not challenge the plaintiff's entitlement to postjudgment interest. The defendant simply argued that such interest should be calculated at the annual rate of 8 percent pursuant to § 37-3a, rather than at the higher annual rate of 12 percent pursuant to § 52-192a. Thus, although we agreed with the defendant that § 37-3a governed an award of postjudgment interest in that case, we were not required to decide whether such an award was mandatory. To the extent that we used language suggesting that it was mandatory, we now disavow any such suggestion.
This does not mean, however, that, on remand, the trial court should not consider DiLieto's entitlement to offer of judgment interest in considering whether she is entitled to postjudgment interest under § 37-3b. On the contrary, the underlying conduct of the parties, including the defendants' rejection of DiLieto's reasonable offers to settle; see DiLieto v. County Obstetrics & Gynecology Group, P.C., supra, 297 Conn. at 158, 998 A.2d 730 (observing that "[the defendants had] rejected [DiLieto's] reasonable offers of judgment in favor of costly and protracted litigation" and that, "on appeal, they simply hope[d] to capitalize on the fact that DiLieto did not understand that Daly [her bankruptcy trustee] was the proper party to bring her claims against them"); is certainly a relevant, equitable consideration.
The judgment is reversed insofar as the trial court denied postjudgment interest and the case is remanded for consideration of the named plaintiff's request for postjudgment interest in accordance with this opinion; the judgment is affirmed in all other respects.
In this opinion the other justices concurred.
"(b) After trial the court shall examine the record to determine whether the plaintiff made an `offer of judgment' which the defendant failed to accept. If the court ascertains from the record that the plaintiff has recovered an amount equal to or greater than the sum certain stated in his `offer of judgment', the court shall add to the amount so recovered twelve per cent annual interest on said amount.... In those actions commenced on or after October 1, 1981, the interest shall be computed from the date the complaint in the civil action was filed with the court if the `offer of judgment' was filed not later than eighteen months from the filing of such complaint. If such offer was filed later than eighteen months from the date of filing of the complaint, the interest shall be computed from the date the `offer of judgment' was filed. The court may award reasonable attorney's fees in an amount not to exceed three hundred fifty dollars, and shall render judgment accordingly...."
All references in this opinion to § 52-192a are to the 1997 revision, unless otherwise indicated.
General Statutes (Rev. to 1995) § 37-3b provides: "For a cause of action arising on or after October 1, 1981, interest at the rate of ten per cent a year, and no more, may be recovered and allowed in any action to recover damages for injury to the person, or to real or personal property, caused by negligence, computed from the date of judgment."
Hereinafter, all references to § 37-3b in this opinion are to the 1995 revision, unless otherwise indicated.
For all claims arising on May 27, 1997, or thereafter, awards of interest under § 37-3b are mandatory. See P.A. 97-58, § 2. The current revision of § 37-3b provides in relevant part: "(a) For a cause of action arising on or after May 27, 1997, interest at the rate of ten per cent a year, and no more, shall be recovered and allowed in any action to recover damages for injury to the person, or to real or personal property, caused by negligence, computed from the date that is twenty days after the date of judgment or the date that is ninety days after the date of verdict, whichever is earlier, upon the amount of the judgment...." (Emphasis added.)
In any event, we take this opportunity to underscore once again that an award of interest under § 37-3a does not require proof of wrongfulness in addition to proof of the underlying legal claim. Sosin v. Sosin, supra, 300 Conn. at 230 n. 18, 14 A.3d 307. Thus, interest may be awarded in the discretion of the trial court even when the liable party's failure to pay the judgment was not blameworthy, unreasonable or in bad faith. See id. This interpretation of § 37-3a is "consistent with the primary purpose of [that provision], which is not to punish persons who have detained money owed to others in bad faith but, rather, to compensate parties that have been deprived of the use of their money. See Neiditz v. Morton S. Fine & Associates, Inc., 199 Conn. 683, 691, 508 A.2d 438 (1986) (§ 37-3a is intended to compensate the prevailing party for a delay in obtaining money that rightfully belongs to him); Paulus v. LaSala, 56 Conn.App. 139, 151, 742 A.2d 379 (1999) (purpose of § 37-3a is to compensate plaintiffs who have been deprived of the use of money wrongfully withheld by defendants), cert. denied, 252 Conn. 928, 746 A.2d 789 (2000)." (Internal quotation marks omitted.) Sosin v. Sosin, supra, at 230, 14 A.3d 307. Thus, going forward, we suggest that our courts refrain from characterizing the standard for an award of prejudgment interest under § 37-3a as requiring a determination that the liable party's detention of money was wrongful.