Ralph W. Emerson and Suzanne O. Emerson - Page 8

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          settlement agreement stated that ProGuard would pay to petitioner           
          $65,000 with additional amounts to be paid beginning 1 year from            
          the settlement.  In addition, the settlement agreement provided             
          that ProGuard was to forgive, in equal amounts over 5 years, the            
          $128,424.60 that was owed by petitioner.  The $65,000 cash                  
          payment and $25,684.92 of debt forgiveness that was received by             
          petitioner in 1998 are referred to as the settlement amount.  At            
          the time of settlement, the defendants did not report a personal            
          injury claim to their insurance company to cover the cost.                  
               On October 13, 1998, petitioner and the defendants filed a             
          stipulation, permitting petitioner to file a second amended                 
          complaint.  Simultaneously, petitioner filed the second amended             
          complaint adding a cause of action for negligence.  The                     
          negligence cause of action claimed that the defendants owed to              
          petitioner a duty of care as “not to exacerbate” petitioner’s               
          diabetic condition.  Petitioner claimed that the defendants                 
          created “intolerably stressful working conditions” by harassing             
          petitioner while he was working, inducing him to work long days,            
          threatening to terminate his employment, and threatening to                 
          reduce petitioner’s capital interest.  Petitioner alleged that              
          this stress exacerbated his diabetic condition resulting in a               
          “deterioration in his overall health and a reduction in his life            

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