Clarence D. Kightlinger - Page 18

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          defendant's wrongdoing, only the accident victim's recovery can             
          be considered as received "on account of personal injury".  The             
          ADEA does not provide recovery for personal injury.  Therefore,             
          although the ADEA claimant may have suffered some emotional harm,           
          the recovery he or she received is not on account of his or her             
          personal injury.  Rather, the ADEA claimant's recovery is on                
          account of the wrongful discrimination leading to his or her                
               Similarly, the RICO Act does not provide a remedy for                  
          personal injuries.  See Genty v. Resolution Trust Corp., supra at           
          918; Berg v. First State Ins. Co., supra at 464; Rylewicz v.                
          Beaton Servs., Ltd., supra at 1180; Grogan v. Platt, 835 F.2d               
          844, 847 (11th Cir. 1988); Zimmerman v. HBO Affiliate Group,                
          supra.  Rather, entitlement to recovery under the RICO Act is               
          predicated on harm to the claimant's business or property.                  
          Rylewicz v. Beaton Servs., Ltd., supra.  Recovery for "business             
          or property" is separate and distinct from recovery for personal            
          injury.  See Rylewicz v. Beaton Servs., Ltd., supra.                        
               The Complaint in the class action was based on several                 
          claims.  First, and predominantly, the Plaintiffs alleged injury            
          to their business and property under the RICO Act.  The factual             
          allegations were clearly aimed at establishing such wrongful                
          conduct.  In this regard, and as is the case with an ADEA                   
          claimant, petitioner did not receive his recovery on account of             

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