- 22 - 4. The State shall make a cash payment of $3,427,999.87 to Plaintiff for the damages for loss of earning capacity, mental anguish and suffering (past) and mental anguish and suffering (future), in accordance with the findings specified and incorporated into the Final Judgment in Cause No. 480,701. 5. The State shall fund annuities for additional damages associated with the Final Judgment in Cause No. 480,701, which in turn shall pay to Plaintiff monthly installments, commencing on January 4, 1996 and continuing until December 4, 1998, each in the amount of $13,499 with a final payment payable on January 4, 1999 in the amount of $3,000,000. * * * 6. For all other damages, including punitive, pre-judgment and post-judgment interest, the State shall fund an annuity or annuities, which in turn shall pay to Plaintiff monthly installments, commencing on January 4, 1996 and continuing until December 4, 1998, each in the amount of $7,924 with a final payment payable on January 4, 1999 in the amount of $1,761,000. * * * The damages allocated in paragraph 4 are precisely traceable to the jury award in petitioner’s whistleblower lawsuit, i.e., $2,500,000 of the damages awarded is for past and future mental anguish and $927,999 is for loss of earning capacity. Respondent has conceded that all amounts received in 1995 pursuant to paragraph 4 are excludable from petitioner’s gross income. As a result of respondent’s concession, only the effects of the allocations in paragraphs 5 and 6 are disputed. The nature of the claim and the intent of the payor must be determined by examining the facts and circumstances surrounding the settlement agreement.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011