- 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 room
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011