Fred Henry - Page 21




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          market with a defect which was a legal cause of damage to the                
          plaintiffs, (2) that there was negligence on the part of du Pont             
          which was a legal cause of damage to them, and (3) that there was            
          negligence on the part of the plaintiffs which was a legal cause             
          of damage to them.  The jury charged 80 percent of total re-                 
          sponsibility to du Pont and 20 percent of total responsibility to            
          the plaintiffs.  In other words, the jury found du Pont 80 per-              
          cent negligent and the plaintiffs 20 percent negligent.  The jury            
          further found that the total amount of damages sustained by the              
          plaintiffs, without any reduction for the percentage of responsi-            
          bility that the jury charged to them, was $3,796,318.  That total            
          amount of damages was reduced to $3,037,054 to take account of               
          the jury verdict that the plaintiffs were 20 percent negligent.              
          On motion of du Pont, the judgment of $3,037,054 was reduced to              
          $2,837,054 in order to account for the total of $200,000 in                  
          assistance payments that du Pont had made to Mr. Henry in 1991               
          and 1992.  On December 8, 1993, the Florida Court entered an                 
          amended final judgment (judgment) in the plaintiffs' favor in the            
          amount of $2,837,054.                                                        
               On December 17, 1993, du Pont, inter alia, filed a notice               
          of appeal with respect to the judgment.  While the judgment was              
          on appeal, the plaintiffs and du Pont engaged in settlement                  
          negotiations.  As a result of those negotiations, on April                   







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