- 10 -
visit. Petitioner did not specifically assert an individual
personal injury claim during negotiations, and Winston did not
attempt to verify any of the personal injury claims included in
clause 2(b) of the final agreement.
The personal injury language was accepted by Winston, and
substantially similar provisions were included in all successive
draft agreements, as well as in the final agreement. This
revised draft provided for approximately $165,000 in payments to
petitioner.
Several additional revisions of the August 9, 1993, draft
agreement occurred prior to the signing of the final agreement on
December 22, 1994. Changes were made in each draft agreement as
to the allocation of funds to a lump-sum and/or monthly bridging
payments. However, the total amount of payments in every draft
agreement (with one exception) and the final agreement was within
$3,000 of the $165,000 original severance offer contained in the
first draft agreement. The one exception involved a June 27,
1994, draft agreement providing for $117,833 in total payments.
The $117,833 amount was an oversight which was corrected
(increased to approximately $166,700) less than a week later.
In addition to reallocating the lump-sum and bridging
payments, the amount to be allocated to the personal injury
clause 2(b) was increased. An August 9, 1993, draft agreement
contained a $55,000 allocation to settlement of personal injury
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