Fred Henry - Page 10




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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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