Richard D. Anderson and Mary L. Anderson - Page 14




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               We cannot accept an allocation based on a settlement                   
          agreement which merely facilitated payment in the face of the               
          judgment debtor’s bankruptcy.  The settlement agreement reduced             
          the monetary amount of the award, but it did not contain any                
          language that would establish an allocation contrary to the                 
          jury verdicts or the judgments entered.  We note that, in this              
          case, the jury verdict forms were drafted at the close of trial             
          and the language used in the verdict forms came from a pretrial             
          order that was used as a blueprint for the trial.  The record               
          reflects that the jury delivered its verdict using language                 
          that was identical to language in the pretrial order that was               
          drafted by Mr. Anderson’s attorney.  Mr. Anderson was,                      
          therefore, cognizant of and responsible for the formulation of              
          the claims as they were presented to the jury.                              
               The vast majority of Mr. Anderson’s award for damages was              
          received for interference with his business relationships and               
          not for slander.  The jury awarded Mr. Anderson $2.5 million                
          (later reduced to $210,000) for the injuries claimed in count               
          one for tortious interference with business relationships, but              
          it awarded only $1 for the injuries claimed in count two for                
          slander.  For the foregoing reasons the award must be allocated             
          as it was clearly established at trial.                                     
               In sum, petitioners have failed to show that the                       
          compensatory damages awarded on Mr. Anderson’s claim for                    






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