Nation v. W D E Electric Co.
Nation v. W D E Electric Co.
Opinion of the Court
We granted leave in this case to decide whether reduction of future damages to present cash value under MCL 600.6306; MSA 27A.6306 is to be calculated using compound or simple interest. We reverse the decision of the Court of Appeals and hold that simple interest is appropriate under the statute.
Plaintiff Michael Nation, an independent contractor employed by the W. D. E. Electric Company, was engaged in electrical work at the C. J. Link Lumber Company on June 24, 1992, when he fell from a ladder.
The trial court, at defendant’s request, reduced plaintiff’s future damages to a present cash value of $42,000, using compound interest. The court rejected plaintiff’s request that simple interest be employed to arrive at a present cash value of $60,611.31.
i
Section 6306 provides in relevant part:
(1) After a verdict rendered by a trier of fact in favor of a plaintiff, an order of judgment shall be entered by the court . . . against each defendant ... in the following order and in the following judgment amounts:
* * *
(c) All future economic damages, less medical and other health care costs, and less collateral source payments . . . reduced to gross present cash value.
(d) All future medical and other health care costs reduced to gross present cash value.
* * *
(2) As used in this section, “gross present cash value” means the total amount of future damages reduced to present value at a rate of 5% per year for each year in which those damages accrue ....
Before 1986, under the common law, the obligation to perform the reduction of future damages to present cash value in personal injury actions was the obligation of the jury. SJI2d 53.03 instructed the jury to perform the calculation using simple interest. Under the tort reform legislation passed in 1986, § 6306 transferred the obligation to perform the calculation to the trial judge. We decline the invitation to hold
The common law has long favored simple interest and disfavored compound interest, which it has characterized as “interest on accrued interest.” See, e.g., Schwartz v Piper Aircraft Corp, 90 Mich App 324, 327; 282 NW2d 306 (1979). The Court of Appeals aptly there observed:
[T]hose courts which have dealt with similar problems have uniformly rejected compound interest except where specifically authorized by statute or in cases where compounding of interest was granted as a penalty for some misconduct on the part of a defendant. [Id. at 326.][5 ]
For nearly eighty years .before the enactment of § 6306, Michigan approved the use of simple interest to reduce damages to present value. Rivers v Bay City Traction & Electric Co, 164 Mich 696; 128 NW 254 (1910). SJI2d 53.03, still applicable to damage awards in cases not covered by § 6306,
n
In resolving disputed interpretations of statutory language, it is the function of a reviewing court to effectuate the legislative intent. Hiltz v Phil’s Quality Market, 417 Mich 335, 343; 337 NW2d 237 (1983).
These principles of statutory construction alone are ample authority for the conclusion that simple interest was intended by the Legislature when reenacting § 6306 in 1986. The Legislature did not expressly provide for compound interest, instead making it clear only that the responsibility for making the calculation was being transferred from the jury to the trial judge. The tort reform legislation of 1986 was a comprehensive effort involving numerous compromises. It strains common sense to surmise that the Legislature was unaware of the interest-calculation question and simply overlooked the common-law scheme for reducing judgments to present cash value using simple interest. We therefore presume the Legislature intended to maintain the status quo when it changed the statute without expressly providing that compound interest would be required. To conclude otherwise would violate the clear dictates of well-established rules of statutory interpretation.
m
Extrinsic evidence in the form of legislative history supports our conclusion. First, the Legislature enacted § 6306 as part of 1986 PA 178. That same act also amended parts of MCL 600.6013(5); MSA 27A.6013(5) and MCL 600.6455; MSA 27A.6455, both of which provide for calculation of the interest on judgments using compound interest. Section 6013(6)
*496 [F]or complaints filed on or after January 1, 1987, interest on a money judgment recovered in a civil action shall be calculated at 6-month intervals from the date of filing the complaint at a rate of interest that is equal to 1% plus the average interest rate paid at auctions of 5-year United States treasury notes during the 6 months immediately preceding July 1 and January 1, as certified by the state treasurer, and compounded annually, pursuant to this section. [Emphasis added.]
Before being “extensively revised” in 1980, Gage v Ford Motor Co, 423 Mich 250, 253; 377 NW2d 709 (1985), § 6013 was silent regarding whether simple or compound interest applied. Acknowledging the common-law preference for simple interest that was dis-positive in Schwartz,
Assuming the Legislature was aware of the common law as it previously existed, which disfavored compound interest in the context of interest on judgments, as well as in the context of reduction to present cash value, it could have explicitly abrogated the common-law rule for reduction as it had for § 6013. Given that § 6306 evidences no such decision by the Legislature,
Second, the Legislature contemporaneously rejected House Bill 5176 in favor of the bill that became 1986 PA 178.
Finally, we reject the decision of the United States Court of Appeals for the Sixth Circuit in Kirchgessner v United States, 958 F2d 158 (CA 6, 1992), on which both defendant and the Court of Appeals relied. We find the opinion in that Federal Tort Claims Act
Citing no Michigan or other authority to support its decision, the Sixth Circuit departed from the normal practice of employing simple interest in Michigan because “the difficulty and potential for juror confusion, have been statutorily removed.” Id. at 162. While it is true that the common law under Rivers, supra, viewed five percent simple interest as a rule of convenience, id. at 709, we disagree with the Sixth Circuit’s conclusion that the convenience sought had to do solely with the jury’s inability to grasp the complexities of compound interest. Rather, the convenience rationale underlying Rivers relates to the inability of courts to precisely arrive at a mathematical figure that represents the value money received today will have at some future date. For the sake of convenience, the system takes its best guess at what will be necessary today to compensate the plaintiff for damages expected in the future. It is not a scientific exercise requiring actuarial precision,
v
For the reasons stated above, we hold that future damages under § 6306 are to be reduced to present cash value using the same simple interest that has been employed under the common law for at least eighty years in Michigan. We reverse the decision of the Court of Appeals and vacate the trial court’s judgment as it pertains to future damages. We remand the case to the trial court for entry of a judgment consistent with this opinion.
C. J. Link had contracted with W. D. E. for the installation óf a dust-collection system.
Simple interest reduces damages arithmetically by dividing damages in the first year by 1.05, in the second by 1.10, in the third by 1.15, etc. Compound interest reduces damages exponentially each year by dividing the first year by 1.05, but then multiplying the denominator in each year by an additional five percent, so that the denominator in year two is 1.1025, in year three is 1.157625, etc. In effect, the compound method adds accrued interest to the principal before charging the applicable rate of interest to the adjusted principal. We do not dispute here that compound interest is the standard generally employed in the business and financial world today.
See MCL 600.6013(5); MSA 27A.6013(5), MCL 600.6455; MSA 27A.6455.
See House Bill 5176.
See also 47 CJS, Interest & Usury, § 6(c), p 31 (“The law does not favor compound interest or interest on interest .... As a general rule, in the absence of contract therefor ... or of [a] statute authorizing it, compound interest is not allowed to be computed on a debt”).
RJA, chap 63 concerns personal injury verdicts and damages.
See also Gage v Ford Motor Co, 423 Mich 250, 260; 377 NW2d 709 (1985) (“The cardinal rule of statutory construction is to give effect to the intent of the Legislature”).
See also Gordon Sel-Way, Inc v Spence Bros, Inc, 438 Mich 488, 506; 475 NW2d 704 (1991) (presuming that the Legislature acts with knowledge of statutory interpretations by the Court of Appeals).
The Legislature renumbered and reenacted subsections (5)-(10) as subsections (6)-(ll).
In Schwartz, supra, the Court of Appeals addressed whether § 6013 provided for simple or compound interest on a money judgment. Like the statute now before us, § 6013 was silent with respect to the kind of interest to be employed, and the Court concluded simple interest was appropriate because of the common-law preference. Id. at 326.
We reject defendant’s assertion that the contrary conclusion is required if the statutes are read in pari materia
“We are aided in discovering legislative intent in enacting any statute by examining the proposed legislation it considered and rejected, contrasted with the provisions as finally adopted.” Miller v State Farm Mut Automobile Ins Co, 410 Mich 538, 566; 302 NW2d 537 (1981).
Thus, we defer to the legislative choice and reject the dissent’s preference for changing the common law because compound interest may result in a more precise calculation.
28 USC 2674.
The Sixth Circuit has chosen a different path, using modern-day actuarial principles that employ compound interest. United States Steel Corp v Lamp, 436 F2d 1256, 1280, n 11 (CA 6, 1970). Thus, Kirchgessner is consistent with the course taken in federal courts, where “the determination of the discount rate . . . rests within the sound discretion of the District Court.” Lamp at 1280, n 11. We refuse to take such an approach because
Moreover, we find the Kirchgessner court’s assertion that the discount in later years will be greater than five percent confusing because the converse might as easily be said of compound interest.
Dissenting Opinion
(dissenting). The Court holds today that a judgment for future damages must be reduced to present cash value by the use of simple interest. In my view, the Court errs by adhering to an antiquated common-law doctrine that unfairly penalizes defendants by overstating their financial liability. While restraint is a judicial virtue, where the Court has the justification and the authority to change the common law, it should not hesitate to do so if justice will be better served. Because the use of simple interest lacks the precision to accurately reflect the time value of money, and consequently overcompensates the plaintiff by overstating the present value of the judgment, I respectfully dissent.
i
MCL 600.6306(l)(e); MSA 27A.6306(l)(e) provides that the trial court shall reduce gross future noneconomic damages to present cash value. This reduction is computed at five percent per year.
Neither party in this case disputes the need to reduce, or discount, a judgment for future damages to a present value. Money has earning power and can accumulate interest over time. For this reason, a dollar today is worth more than a dollar some time in the future. The purpose of discounting awards of
“[I]nterest on interest may seem a detail, but is not . . . .”
Although the amounts involved in this case were relatively small, they sufficiently demonstrate this principle. The jury awarded the plaintiff damages for pain and suffering at a rate of $1,000 a year for forty-two years. Recognizing that inflation would diminish the value of the award each year, the jury increased the annual award by five percent, compounded annually. The total amount of the payments was $135,218.68. Discounted to present value using five percent simple interest, the judgment would be $60,611.31. Discounted to present value using five
No principled reason exists to give the plaintiff an additional thirty-one percent, when the plaintiff has the opportunity to earn compound interest on that judgment through the use of common, everyday investments such as certificates of deposit or passbook savings accounts.
The common-law rule requiring simple interest can be traced to Rivers v Bay City Traction & Electric Co.
Although the Rivers Court explained its holding in terms of simple interest, i.e., divide the first year’s lost wages by 1.05, the second year’s by 1.10, etc., the Court also approved of the use of compound interest.
With variations depending upon the interest rate, and upon whether simple or compound interest may be received, it is, so far as we are informed, the rule in common use for determining the sum of money required to secure a given annuity for any number of years, and the present worth of a sum payable in the future.[5 ] [Emphasis added.]
Thus, even in 1910, the Court contemplated the use of compound interest in the context of reducing future judgments to a present value. The Rivers opinion appears to indicate that if the plaintiff was earning compound interest on her investment, the judgment could be discounted using a compounded interest rate. At that time, the Court rejected the defendant’s argument that the plaintiff could earn compound interest, citing risks and contingencies. Because the Rivers case predated the Federal Deposit Insurance Corporation,
As I understand the majority, the primary objection to using compound interest is not that simple interest is more equitable, but that the Legislature, by not disrupting the existing common-law scheme, intended to maintain the “status quo.”
When this Court is interpreting a statute, its singular role is to give effect to the intent of the Legislature.
“[I]t is for this Court to decide whether a common-law rule shall be retained unless the Legislature states a rule that is inconsistent with or precludes a change in the common-law rule.”
Obviously, the Legislature has not stated a rule that is inconsistent with the adoption of compound interest because it has never explicitly stated a preference
Although People v Aaron was a criminal case, the situation then before the Court is analogous to the present case. In Aaron, the Court addressed the status of the common-law felony-murder rule.
This Court has also modified the common law in civil cases when the ends of justice so required.
. '.Because the rule of Rivers, supra, overstates the defendant’s liability by understating the earning power of money, and because this Court is authorized , to change the common law, I would affirm the deci/si'on of the Court of Appeals.
“As used in this section, ‘gross present cash value’ means the total amount of future damages reduced to present value at a rate of 5% per year for each year in which those damages accrue . . . MCL 600.6306(2); MSA 27A.6306(2).
In re Chicago, M, St P & P R Co, 791 F2d 524, 529 (CA 7, 1986).
By increasing the judgment by five percent compounded annually to account for inflation, and then reducing it by five percent compounded annually to account for the time value of money, the result is that the present value is the equivalent of $1,000 a year for forty-two years, presently payable and undiscounted.
164 Mich 696; 128 NW 254 (1910).
12 USC 1811.
Drouillard v Stroh Brewery Co, 449 Mich 293, 302; 536 NW2d 530 (1995).
Const 1963, art 3, § 7; People v Stevenson, 416 Mich 383; 331 NW2d 143 (1982).
Myers v Genesee Co Auditor, 375 Mich 1, 7; 133 NW2d 190 (1965).
Placek v Sterling Heights, 405 Mich 638, 657; 275 NW2d 511 (1979).
409 Mich 672, 723, n 112; 299 NW2d 304 (1980), quoting Gruskin v Fisher, 405 Mich 51, 58; 273 NW2d 893 (1979).
MCL 750.317; MSA 28.549 (“All other kinds of murder shall be murder of the second [2nd] degree”).
Placek v Sterling Heights, n 10 supra (comparative negligence); Womack v Buchhorn, 384 Mich 718; 187 NW2d 218 (1971) (negligently inflicted prenatal injury); Felgner v Anderson, 375 Mich 23; 133 NW2d 136 (1965) (assumption of risk); Parker v Port Huron Hosp, 361 Mich 1; 105
N 10 supra at 657-660.
Const 1963, art 6, § 5.
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