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petitioner were entering into the settlement agreement to avoid
the costs of litigation and that the Meadowlands expressly denied
any liability with respect to the claims alleged by petitioner.
The settlement agreement does not allocate any part of the
settlement payment to a personal physical injury or physical
sickness. Indeed, the settlement agreement makes no reference to
a physical injury or physical sickness resulting from the
Meadowlands’ actions, nor does the settlement agreement
specifically carve out any portion of the settlement payment as a
settlement on account of personal physical injury or physical
sickness. Although the settlement agreement provides that any
payment petitioner was to receive pursuant to the settlement “is
in the nature of compensation for any and all claims for alleged
personal injuries (pain and suffering) claimed by * * *
[petitioner]”, Mr. Lockwood testified that the Meadowlands did
not intend the settlement agreement to compensate petitioner for
any physical injury or physical sickness.
The amended complaint filed in the lawsuit also fails to
support petitioner’s position here. The amended complaint states
that “Specifically, the case involves discrimination against a
party afflicted with that species of mental and psychological
handicap commonly referred to as compulsive gambling.” The
complaint did not seek specific damages with respect to any
physical injury or physical sickness. Furthermore, petitioner
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Last modified: May 25, 2011