Joseph M. Perry - Page 3

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               On September 20, 1989, a jury awarded petitioner $75,000 in            
          damages.  The clerk of the court added statutory prejudgment                
          interest of $62,437.50 as required by R.I. Gen. Laws section 9-             
          21-10 (1997).  This totals $137,437.50.  The jury award of                  
          $75,000 is 54.57 percent of $137,437.50.  The statutory                     
          prejudgment interest of $62,437.50 is 45.43 percent of                      
          $137,437.50.                                                                
          C.   The Settlement                                                         
               Following the judgment, Allied Fence moved for a remittitur            
          or amendment of the verdict on comparative negligence or, in the            
          alternative, for a new trial.  Petitioner also filed a posttrial            
          motion for an additur.  The trial court denied these motions and            
          ordered that the verdict in the full amount be "entered                     
          forthwith."  The judgment, entered on December 5, 1989, for                 
          petitioner and against Allied Fence and its employee was for                
          $75,000 "with interest as provided by law."                                 
               On December 12, 1989, Allied Fence and its employee filed a            
          notice of appeal with the Rhode Island Supreme Court.                       
               Following the judgment, Aetna agreed to pay petitioner                 
          $142,000 (rounded) in exchange for a release and discharge of any           
          and all past or future claims.  Petitioner and Coughlin signed              
          the release on November 1, 1990.  The parties did not discuss tax           
          consequences during the negotiation of the settlement.  The                 
          release did not state whether any of the $142,000 was interest,             
          and the parties did not otherwise allocate any of the amount to             




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