-4-
Ann. sec. 4112.99 (LexisNexis 2001) provides for “damages,
injunctive relief, or any other appropriate relief” for violation
of the Ohio civil rights statute. Petitioner requested $500,000
in compensatory damages and $500,000 for punitive damages.
In October 2002, petitioner settled her claims against
DaimlerChrysler for $12,000. Petitioner directly accepted
$11,500 from DaimlerChrysler, and approved $500 to be paid to her
attorney.2 These amounts were paid in full settlement of any
claims by petitioner.
The settlement agreement (agreement) referenced the
harassment, personal injury, and emotional distress allegations
in a preliminary “whereas” clause. The agreement specifically
stated in clause 6 that “Settlement is made only to buy peace and
to compromise disputed claims, and to avoid the expense and
inconvenience of trial.” The parties agreed that the amounts
were paid “In consideration for the Release and Covenant Not to
Sue given by Employee”.
No allocation was made with regard to the amount of damages
paid, if any, in consideration of the pinch and for the
harassment. DaimlerChrysler intended the agreement to encompass
“settlement of all claims”.
2Despite Commissioner v. Banks, 543 U.S. , 125 S. Ct. 826
(2005), respondent has not determined that the $500 paid to
petitioner’s attorney in October 2002 be included in petitioners’
taxable income. Therefore, the Court will not consider it.
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