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plaintiffs. In other words, the jury found du Pont 80 percent
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. The 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. See Henry v. Commissioner, 77 T.C.M. (CCH)
at 2216, 1999 T.C.M. (RIA) at 1247.
While the judgment was on appeal by du Pont, the plaintiffs
and du Pont engaged in settlement negotiations. As a result of
those negotiations, the plaintiffs offered to settle the lawsuit
for $2,800,000, and that settlement offer was accepted by du Pont
on the date it was made. That $2,800,000 settlement negotiated
between the plaintiffs and du Pont, which was part of a global
settlement of approximately 200 claimants against du Pont, was
paid by du Pont as a result of the jury verdict. Pursuant to the
stipulation of settlement to which the plaintiffs and du Pont
agreed (stipulation of settlement), (1) du Pont agreed to pay the
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