Sam Ervin and Ella M. Ervin, et al. - Page 10




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          866 (Ala. 1976); 22 Am. Jur. 2d, Damages, sec. 23 (1988); 25                
          C.J.S., Damages, sec. 2 (1966).  A plaintiff may be awarded                 
          compensatory damages for claims of breach of contract,                      
          conversion, conspiracy, or fraudulent inducement.  See, e.g.,               
          Estate of Henderson v. Henderson, 804 So. 2d 191, 192 (Ala.                 
          2001); Old Republic Ins. Co. v. Lanier, 790 So. 2d 922, 927 (Ala.           
          2000); Williams v. Williams, 786 So. 2d 477, 479 (Ala. 2000).               
          Those claims do not necessarily include claims on account of                
          personal injuries or sickness, and did not do so here.  Thus, use           
          of the term “compensatory damages” does not prove that the United           
          payments to petitioners were on account of personal injuries or             
          sickness.                                                                   
               Thus, neither the settlement negotiations nor the settlement           
          agreement proves that United intended to compensate Ervin,                  
          Hudson, or Echols for personal injuries or sickness.                        
          D.   United’s Intent                                                        
               Shaw and Jarrard represented United at the settlement                  
          conference and testified about the settlement agreements.                   
          Petitioners contend that their testimony about United’s intent is           
          inadmissible parol evidence because the reference in the last               
          paragraph of the settlement agreement to compensatory damages is            
          unambiguous and dispositive.  We disagree because, as discussed             
          in paragraph C, above, the term “compensatory damages” in the               
          last paragraph is not synonymous with “on account of personal               
          injuries or sickness”.  However, even if we did not consider the            
          testimony of Jarrard and Shaw, our analysis would be unchanged              





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