- 9 - (approximately 6 months after petitioner began psychological counseling) that he introduced a claim for personal injuries into the negotiations. On August 6, 1993, approximately 16 months after receiving the March 23, 1992, severance letter, petitioner proposed revision of clause 2(b) of Winston’s June 22, 1993, draft agreement. The proposed revision contained only general references that the $55,000 lump-sum payment was for personal injury, as follows: in consideration of Mr. Knoll’s release of defamation, intentional infliction of emotional distress, loss of personal reputation and other personal injury claims described in paragraph 1.n. of this Agreement. Deborah Haude was the Winston attorney who was primarily responsible for negotiating settlement agreements with severed partners. Ms. Haude was experienced in employment torts, and during the course of the negotiations she also consulted with other Winston attorneys who specialized in taxation and employment torts. During a break in the August 6, 1993, meeting, Ms. King-Knoll spoke with Ms. Haude in the restroom. Ms. King- Knoll indicated to Ms. Haude that the extended negotiations and Winston’s manner of negotiating was “destroying” petitioner. Petitioner, however, did not make Ms. Haude and/or Winston aware of a specific tort claim, such as the IIED claim. Ms. Haude and other Winston negotiators knew that the negotiations caused petitioner stress; however, they did not know that he was receiving counseling treatment or know of his emergency roomPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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