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