Robert Henry Lehmuth - Page 12

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         requests by telling petitioner that his money was being used to              
         cover the costs in the store manager case.  Petitioner’s requests            
         for the $2,500 balance of the settlement due to him all were                 
         oral.  He never wrote to Mr. Davis to request payment of these               
              Mr. Davis asserts that petitioner agreed that he should                 
         retain $2,500 of the amount due to petitioner from settlement of             
         the lab manager case to help fund the litigation of the store                
         manager case.  Mr. Davis explained that he was “ready, willing               
         and able” to send petitioner his $2,500 if petitioner sent him a             
         letter requesting the money and a release of any claim for                   
         compensation for assisting with the store manager case.  Mr.                 
         Davis acknowledges that he and petitioner never entered into a               
         written agreement allowing Mr. Davis to retain the $2,500 due to             
              The record here shows that petitioner was entitled to a                 
         settlement payment of $15,000 and that the entire amount was paid            
         to petitioner’s attorney, Mr. Davis.  The attorney paid $12,500              
         to petitioner and retained $2,500.  He explained to petitioner               
         that petitioner had “an additional $2,500 coming from costs to be            
         recovered” and that petitioner was a participant in the store                
         manager case.  At the time of this explanation, the entire                   
         $15,000 amount already had been paid to the attorney.  The                   
         settlement agreement included a general release of all                       

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Last modified: May 25, 2011