Carrie Dawn Murray, n.k.a. Carrie Dawn Weaver - Page 11

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          complaint filed in the California court; namely, claims of                  
          physical injury.  However, the settlement agreement specifically            
          provides that the $50,000 was to be “payment for alleged                    
          emotional distress”.  Furthermore, assuming arguendo that                   
          petitioner had a valid claim for damages from the injury to her             
          hand in excess of any amounts that the May Company had previously           
          paid her, it is evident from the record that petitioner had                 
          stopped pursuing any such claim long before she entered into the            
          settlement agreement.  Even if her decision to do so was based              
          upon the alleged retaliatory action by her employer, it is                  
          nevertheless clear that she abandoned the claim.  When petitioner           
          subsequently entered into the agreement with the May Company, the           
          intent of both parties was to settle petitioner’s sexual                    
          harassment suit which she had filed with the California court.              
               The inclusion in the settlement agreement of the provision             
          relating to the injury to petitioner’s hand was, in the context             
          of the overall agreement, merely an extension of the agreement’s            
          general provisions releasing the May Company from any and all               
          claims which petitioner had against the May Company.  The use of            
          these provisions reflects an intent to prevent future lawsuits              
          which petitioner might have been able to bring against the May              
          Company, but it does not reflect an intent to compensate                    
          petitioner for any physical injury.                                         








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Last modified: May 25, 2011