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tort-type personal injury damages and other damages, an important
factor in determining the validity of the agreement is the intent
of the payor. Id. at 127.
In this case, the settlement agreement does not allocate the
payment among the separate causes of action, so the nature of the
claim must be determined by looking at the facts and
circumstances surrounding the case and the intent of the payor.
Settlement Agreement and Underlying Complaints
Petitioner first alleged a claim for personal injury in the
second amended complaint, which was filed with the court the same
day as the dismissal. The second amended complaint alleged
harassment and threats by the defendants and long working hours.
Petitioner’s testimony at trial of this case was different.
Petitioner testified that he suffered physical injuries because
of poor laboratory conditions and exposure to toxins while
working for ProGuard and that these conditions harmed his
deteriorating health. Petitioner testified in response to
questions from his counsel:
Q Did you suffer physical injury because of
the conditions in the laboratory of ProGuard?
A I assume that I did, breathing in the
solvents, and the active ingredients that, you know,
that kill aphid, and spider mite, and various fungi.
* * * * * * *
Q Dean Emerson, do you know personally why
you suffered physical injury while you were working at
ProGuard?
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Last modified: May 25, 2011