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petitioner to release his IIED claim. It is true that section
2(b) of the final agreement contains a reference to “intentional
and negligent infliction of emotional distress”. That language
is part of a more generalized form of release in exchange for the
$116,000 payment. In addition to the release of any claim for
intentional and negligent infliction of emotional distress, Mr.
Knoll also released any claim for compensatory damages,
defamation, loss and diminishment of personal reputation, and all
other claims of personal injury. There is no specific allocation
in the final agreement to petitioner’s IIED claim.
Of greater significance is the fact that neither Ms. Haude
nor Winston knew of any specific injury or claim by petitioner.
Winston negotiators may have been aware that petitioner was
experiencing stress in connection with his separation and the
extended negotiations. Ms. Haude was also advised by Ms. King-
Knoll that Winston was “destroying” petitioner. However, Ms.
King-Knoll’s comment was, at best, ambiguous and gave no specific
indication that petitioner was experiencing psychological
problems requiring treatment. During the negotiations,
petitioner did not assert a specific tort claim (including IIED)
against Winston. In connection with the negotiations and
ultimate settlement, petitioner did not notify Winston or its
representatives of the fact that he was receiving treatment for
depression or of his emergency room visit, and Winston did not
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