Ronald W. Ramey and Joni J. Ramey - Page 10




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          the easiest way to prove a payor’s awareness.  However, if a                
          payor’s awareness can be shown by other means, then the lack of a           
          formal complaint does not bar either the existence of that claim            
          or its ability to be the basis of a settlement.  Id.                        
               Petitioner argues that PayLess and its attorneys did know              
          about her claim for the intentional and/or negligent infliction             
          of emotional distress.  Petitioner claims that she told the class           
          action attorneys about her physical injury and sickness and that            
          this information was conveyed to PayLess’ attorneys during the              
          settlement negotiations.                                                    
               Petitioner argues that language in the settlement documents,           
          such as the release, reflects the attorneys’ knowledge of her               
          injuries.  In that regard, the release (a) acknowledges that the            
          “Lawsuit * * * [was] not fully plead” and (b) discharges PayLess            
          of any other claims “including, but not limited to, claims for              
          personal injuries, intentional infliction of emotional distress,            
          [and] negligent infliction of emotional distress.”  Petitioner              
          argues that because the discharge of the tort claims follows the            
          acknowledgment that the lawsuit was not fully pleaded, it proves            
          that PayLess and its attorneys knew and were admitting that the             
          tort claims existed and could still be pleaded.                             


               We acknowledge that this statement may indicate a                      
          generalized knowledge of PayLess’ attorneys that injuries existed           
          within a broad class of claimants.  However, from looking at the            




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