Section 67 Judicial Discretion With Respect to Awarding of Prejudgment Interest

• Library: Damages 2012

The language of § 408.020, RSMo 2000, is mandatory: “Creditors shall be allowed to receive interest . . .” (emphasis added). The fact that prejudgment interest under § 408.020 is not discretionary with the trial court was emphasized by the Supreme Court’s decision in Denton Construction Co. v. Missouri State Highway Commission, 454 S.W.2d 44 (Mo. 1970); see also:

· Hawk Isolutions Group, Inc. v. Morris, 288 S.W.3d 758, 762 (Mo. App. E.D. 2009)

· Mo. Land Dev. Specialties, LLC v. Concord Excavating Co.,...