-11- We begin our analysis with the second prong. The court of appeals awarded Kidd an unspecified equitable remedy for the violation of his rights under the California Constitution and California Government Code, and the defendants paid $132,000 to Kidd in settlement of this award. Under the facts herein, we conclude that the $132,000 was not paid to Kidd for personal physical injuries or physical sickness within the meaning of section 104(a)(2). No exclusion is available under that provision insofar as the settlement was paid to compensate him for injuries most akin to emotional distress. Sec. 104(a)(2) and flush language; see H. Conf. Rept. 104-737, at 301 n.56 (1996), 1996-3 C.B. 741, 1041 n.56 (emotional distress, including symptoms such as insomnia, headaches, and stomach disorders, is not considered a physical injury or physical sickness, except that an exclusion may be allowed to the amount paid for medical care attributable to the emotional distress). See generally Black’s Law Dictionary 542 (7th ed. 1999) (“emotional distress” denotes “A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering.”). In fact, Kidd asserted in this proceeding that he believes that the $132,000 compensated him for the “abuse and mental distress” that he suffered as a result of the defendants’ treatment of him as a second class citizen. We conclude that none of the $132,000 isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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