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her in the parking lot at work (alleged tackling incident).6
Ms. Nield did not mention any such alleged incident in her State
claim, her complaint, or her deposition. That was because,
according to Ms. Nield, she was afraid of her supervisor, and she
did not mention the alleged tackling incident until an alleged
arbitration of her claims against Goer, which she contends took
place after her deposition, when Ms. Nield asserts her supervisor
was in jail, and which she contends led to the settlement agree-
ment. Ms. Nield’s explanation about why she did not mention the
alleged tackling incident in her State claim, her complaint, or
her deposition is belied by the fact that Ms. Nield showed no
fear of her supervisor in advancing her various claims against
him and Goer in her State claim, her complaint, and her deposi-
tion.
A further illustration of Ms. Nield’s testimony that we find
to be questionable is her testimony that her complaint, which she
testified her attorney drafted on the basis of written informa-
tion that she provided to him, did not allege any personal
physical injuries because she did not have the opportunity to
review the complaint before it was filed. We find Ms. Nield’s
6Unlike her claim that she suffered bruising as a result of
the alleged elbowing incident, Ms. Nield did not claim at the
trial in this case, and the instant record does not establish,
that the alleged tackling incident caused her any personal
physical injuries. Moreover, the record establishes that Ms.
Nield did not seek medical treatment for any alleged bruising
from the alleged tackling incident.
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