Allen Burditt II and Sarah Maunee S. Burditt - Page 28




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          required to support a mental anguish claim.  The testimony of the           
          eyewitnesses to Halliburton’s actions may have been sufficient.             
               Moreover, the assessment of Mr. Burditt’s then-attorney--              
          namely, that the claim against Halliburton was primarily for                
          economic damages--must be considered in light of the fact that at           
          the time of the trial of this case, the attorney was being sued             
          by Mr. Burditt with respect to his handling of the blowout                  
          litigation.  Also, notwithstanding this assessment, the attorney            
          testified that he intended to use the actions of Halliburton's              
          employees to incite the jury.                                               
               Considering all the facts and circumstances of the                     
          litigation, we simply do not accept Halliburton's attorneys'                
          contention at the trial of this case that they were concerned               
          only with Halliburton's exposure for damages to the well                    
          formation.  They may simply have been reluctant to concede a                
          client’s exposure to punitive damages.  We find it inconceivable            
          that someone at Halliburton reviewing this lawsuit did not                  
          believe the company had exposure for mental anguish and/or                  
          punitive damages should the case get to a jury.  We conclude that           
          Halliburton paid to settle not only economic claims for damage to           
          the well but also Mr. Burditt's mental anguish claim, and to                
          avoid the risk of punitive damages.                                         
               Because we are convinced that the Halliburton settlement was           
          both for economic damages as well as for mental anguish and/or              





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