- 22 - personal claim under the DTPA against Lindsey because the Lindsey tools were sold to CRI, not to petitioner.6 Further, in a motion for summary judgment, Lindsey contended that petitioner had no individual claims against it. In the response to this motion, CRI and petitioner made several arguments, but did not dispute the contention that petitioner had no individual claims. In its trial brief, Lindsey did not address any claim by petitioner for mental anguish or any variant of emotional distress. Lindsey's attorney testified that he did not depose Mr. Burditt in preparation for trial, although he would have done so if he believed Mr. Burditt was pursuing personal injury claims. Similarly, in reports filed for purposes of mediation, in which the parties were required to state the disputed issues of fact and law, neither party mentioned mental anguish claims by Mr. Burditt; instead, the parties focused on CRI's economic claims. Based on the facts and circumstances surrounding the settlement, giving particular emphasis to the intent of the payor, we do not believe that the amounts paid pursuant to the Lindsey settlement were received “on account of personal injuries or sickness” within the meaning of section 104(a)(2). To the 6 CRI's and Mr. Burditt's own attorney in the lawsuit also testified that he did not believe that Mr. Burditt had any claim in his individual capacity against Lindsey. However, we give little weight to this testimony because at the time of trial the attorney had been sued by Mr. Burditt.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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