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CAMPLESE v. CONRAIL

March 5, 1984

Gabriel J. CAMPLESE, Sr., Plaintiff
v.
CONSOLIDATED RAIL CORPORATION, Defendant



The opinion of the court was delivered by: RAMBO

 RAMBO, District Judge.

 Plaintiff brought an action pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. The jury returned a verdict in favor of the plaintiff and against the defendant in the amount of $ 178,465. On September 30, 1983, judgment was entered by the Clerk of the Court in the above amount pursuant to the order of this court. Plaintiff has filed a motion to amend the judgment requesting:

 
1. that the judgment be amended to include interest from the date of the entry of judgment as provided for in 28 U.S.C. § 1961; and
 
2. that the judgment be amended to include "delay damages" as provided in Pennsylvania Rule of Civil Procedure 238.

 Interest from the date of judgment

 Interest upon an amount of money judgment rendered by a federal court runs automatically even though the judgment itself contains no specific award of such interest. Moore-McCormack Lines v. Amirault, 202 F.2d 893, 895 (1st Cir.1953). See Parisi v. Lady in Blue, Inc., 433 F. Supp. 681, 684 (D.Mass.1977).

 The parties are further directed to the memorandum of the Clerk of the Court dated September 1, 1982 attached hereto as exhibit A. Attention is specifically directed to paragraphs 3(a) and 4 of that memorandum.

 Prejudgment Interest

 Title 28 U.S.C. § 1961 governs the availability of interest on judgments in federal courts. This section relates to interest recoverable on the judgment itself and does not relate to the question of whether prejudgment interest should be allowed as part of compensation awarded to make the injured party whole. Louisiana and Arkansas Ry. Co. v. Export Drum Co., 359 F.2d 311, 317 (5th Cir.1966). Section 1961 does not limit a successful plaintiff to interest from the date of judgment. The statute directs that the judgment itself will bear interest, as a matter of law, from the date that it is entered and leaves to other principles of law the issue of whether the judgment itself will include prejudgment interest as part of the plaintiff's compensation. Illinois Central R.R. Co. v. Texas Eastern Transmission Corp., 551 F.2d 943, 944-45 (5th Cir.1977). See Ellis v. Chevron-U.S.A., Inc., 650 F.2d 94, 98 (5th Cir.1981).

 Generally, in diversity cases in federal court, matters of prejudgment interest are governed by state law. Jarvis v. Johnson, 668 F.2d 740, 746-47 (3d Cir.1982). See Clissold v. St. Louis-S.F. Ry. Co., 600 F.2d 35, 39 n. 3 (6th Cir.1979). Federal courts sitting in Pennsylvania have followed this rule. Thus, the cases and rules cited above are applicable in federal courts sitting in Pennsylvania as well as in state courts. For example, the federal courts have followed the Pennsylvania rules governing prejudgment interest in breach of contract cases, Hussey Metal Div. v. Lectromelt Furnace Div., 417 F. Supp. 964 (W.D.Pa.1976); in equity actions, Peterson v. Crown Financial Corp., 661 F.2d 287 (3d Cir.1981); and in insurance contract cases Fireman's Fund Insurance Company v. Landsdowne Steel and Iron Company, No. 78-1521 (E.D.Pa. June 3, 1982.)

 28 U.S.C.A. § 1961 was amended and changed to a great extent by the Federal Courts Improvement Act of 1982, P.L. 97-164, 96 Stat. 25. Title 3, Part B, Section 302 of the Act deals with interest on judgments. The Senate version of the Act provided that where a defendant knew of his liability, interest should be awarded for the prejudgment period at a rate that would be keyed to the prime interest rate, where this would be necessary to compensate the plaintiff. The Act as promulgated, however, makes no reference to prejudgment interest.

 Plaintiff argues that paragraph 4 of section 1961(c) specifically permits the application of delay damages. Paragraph 4 reads as follows:

 
This section shall not be construed to affect the interest on any judgment of any court not ...

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