Ralph W. Emerson and Suzanne O. Emerson - Page 12

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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                 

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