- 14 - 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 forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011