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