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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
discharge.
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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