DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
123941P.pdf 11/21/2013 Macheca Transport Company v. Philadelphia Indemnity Ins.
U.S. Court of Appeals Case No: 12-3941
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Bye, Author, with Chief Judge Riley and Bright, Circuit
Judges]
Civil Case - diversity. Claim that payment by separate insurer constituted
a collateral source and should not have been used to reduce its overall
damage award is barred under the law of the case, as the issue was decided
in the first appeal and Macheca did not appeal it then. The district court
did not err in denying prejudgment interest as to the damage awards for
lost business income and for necessary expenses, as those damages were not
reasonable ascertainable, but the district court erred in denying the
prejudgment interest of the property damage award.