-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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011