|
IT REGARDS LITIGATION WITH ONE OF THE COUNTRY'S LARGEST CORPORATIONS
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FULL RELEASE
This Full Release. ("Release") is made between Paula Johnson ("Releasor') and DaimlerChrysler Corporation ("Releasee"). In consideration of each others undertakings set forth. in this Agreement, Releasor and Releasee agree to the following:
.1. LUMP SUM CASH
Lump Sum Cash. Upon execution of this Release, Releasor shall be entitled to the lump sum cash amount of One Hundred Fifty Thousand Dollars ($150,000.00)., the receipt and sufficiency of which is hereby acknowledged b Releasor, payable, as follows'
-Y
a. Fifteen Thousand Dollars ($15,000.00) payable to Releasor which.
sum does not represent any payment of backpay or other wages of any kind but is
compensation for a disputed tort claim and includes damages for emotional distress from
which sum no income or employment taxes o f any kind will be withheld, but instead a Form
1099 will be issued by Releasee in the name of Releasor,
b. Sixty Thousand Dollars ($60,000.00) payable to Weinhaus & Dobson, attorneys for Releasor, representing attorneys' fees and expenses from which. sum no income or employment taxes.of any kind will be withheld but instead a Form 1099 will be issued by Releasee in the name of Weinhaus & Dobson and Releasor.
C. Seventy Five Thousand Dollars ($75,000.00) payable to Releasor which sum does not represent any payment of backpay or other wages of any kind but is compensation for five Missouri workers compensation claims previously filed by Releasor which include two claims for carpal tunnel, one claim for puncture wound, one claim for shoulder injury and one. claim for stress.
11. RELEASE OF CLAIMS
Release. As consideration for the payment made by Releasee herein, Releasor hereby releases, acquits and forever discharges Releasee, its officers, directors, agents, employees, representatives, counsel, divisions, heirs, successors, assigns and all related or affiliated corporations and subsidiaries, from any and all actions, causes of action, claims, demands and of and from all. manner of suits, debts, covenants, contracts, controversies, agreements, damages, judgments, injuries, wages, benefits, contributions, compensation, and other rights whatsoever whether known or unknown, foreseen or unforeseen, suspected or unsuspected, in law or in equity, and upon or by reason of any matter, cause or thing whatsoever, related to or connected with her employment or separation from employment at Releasee md that have occurred prior to the date'she
E
FENDANT.S.. .-EXHIS g:%chrysierVohnsonVnigoellaneousVulI relessel.doc.
FULL RELEASE
This Full Release ("Release") is made between Paula Johnson ("Releasor") and DaimlerChrysler Corporation ("Releasee"). In consideration of each other's undertakings set forth in this Agreement, Releasor and Releasee agree to the following:
1. LUMP SUM CASH
Lump Sum Cash. Upon execution of this Release, Releasor shall be entitled to the lump sum cash amount of One Hundred Fifty Thousand Dollars ($150,000.00), the receipt and sufficiency of which is hereby acknowledged by Releasor, payable as follows:
a. Fifteen Thousand Dollars ($15,000.00) payable to Releasor which sum does not represent any payment of backpay or other wages of any kind but is compensation for a disputed tort claim and includes damages for emotional distress from which sum no income or employment taxes of any kind will be withheld, but instead a Form 1099 will be issued by Releasee in the name of Releasor;
b. Sixty Thousand Dollars ($60,000.00) payable to Weinhaus & Dobson, attorneys for Releasor, representing attorneys' fees and expenses from which sum no income or employment taxes of any kind will be withheld but instead a Form 1099 will be issued by Releasee in the name of Weinhaus & Dobson and Releasor.
C. Seventy Five Thousand Dollars ($75,000.00) payable to Releasor which sum does not represent any payment of backpay or other wages of any kind but is compensation for five Missouri workers compensation claims previously filed by Releasor which include two claims for carpal tunnel, one claim for puncture wound, one claim for shoulder injury and one claim for stress.
11. RELEASE OF CLAIMS
Release. As consideration for the payment made by Releasee herein, Releasor hereby releases, acquits and forever discharges Releasee, its officers, directors, agents, employees, representatives, counsel, divisions, heirs, successors, assigns and all related or affiliated corporations and subsidiaries, from any and all actions, causes of action, claims, demands and of and from all manner of suits, debts, covenants, contracts, controversies, agreements, damages, judgments, injuries, wages, benefits, contributions, compensation, and other rights whatsoever whether known or unknown, foreseen or unforeseen, suspected or unsuspected, in law or in equity, and upon or by reason of any matter, cause or thing whatsoever, related to or connected with her employment or separation from employment at Releasee and that have occurred prior to the date she
DEFENDANT'&
g:%chrysier~ohnsonvniscellaneousVuiI releasel.doc
signs this Release, including any claims for costs or attorney fees, including but not limited to:
a. Any claims, charges and causes of action against Releasee under or in any way arising out of Civil Action No. 4:97CV02340ERW in the United States District Court for the Eastern District of Missouri, Eastern Division entitled Paula Johnson v. Chrysler Corvoration (the "Action"), and any claims or demands Releasor made or might have made against Releasee in connection with the Action, which Action shall forthwith be dismissed with prejudice with Releasor and Releasee each bearing their own costs and aftorneys'fees, thereby terminating any and all obligations of Releasee therein;
b. Complaint Nos. E-2/96-14677 and E-5/96-15078 as filed by Releasor with the Missouri Commission on Human Rights and Charges Nos. 28E960506 and 28E960915 as filed with the Equal Employment Opportunity Commission (the "Charges") which Charges shall forthwith be withdrawn and dismissed with prejudice with Releasor and Releasee each bearing their own costs and aftorneysfees, thereby terminating any and all obligations of Releasee therein; and
C. Any claims, charges and causes of action under the Constitution and statutes of the State of Missouri including, but not limited to, workers compensation claims and all other federal and local statutes, ordinances and regulations which Releasor made or might have made in connection with her employment or separation from employment at Releasee and that have occurred prior to the date she signs this Release.
111. NON-ADMISSION OF LIABILITY
Releasee has and does expressly deny liability for any of the claims asserted in the complaint in the Action and in the Charges, and the parties hereto understand and agree that the sum paid hereunder shall not constitute or be construed as an admission by Releasee of any liability to or the validity of any claims whatsoever which were asserted or could have been asserted in connection with the Action and the Charges, and agree that neither shall make reference to or use this Release or the sum paid hereunder or participate in the use of this Release by others as evidence under any circumstances other than under compulsion of a court of competent jurisdiction.
IV. NONDISPARAGEMENT
Releasor agrees not to make any derogatory or disparaging statements about Releasee, its officers, directors, agents, employees, representatives, counsel, divisions, heirs, successors and assigns, related or affiliated corporations and subsidiaries, and any of Releasee's products.
2
V. RESIGNATION AND NON-REEMPLOYMENT
Releasor resigns her employment at Releasee as of the date she signs this Release and Releasor agrees not to seek or accept employment with Releasee, or any subsidiary, parent or affiliated business entity. This Release constitutes a good cause for rejection of Releasor from further consideration of employment and/or termination from employment by Releasee. Releasee agrees to continue Releasor's wages based on a forty hour work week at her present rate of pay until the sums provided for in Section I above are paid.
VI. CONFIDENTIALITY
Releasor and her counsel hereby covenant and agree that the terms of this Release, including without limitation, the economic terms and any negotiations leading up to this settlement, shall be held confidential and shall not be disclosed to any individuals or entities not a party to this Release without the written consent of Releasee, except that it shall not be considered a breach of this confidentiality provision for Releasor and her counsel to disclose the terms of such settlement to their respective counsel, personnel in counsel's office, accountants, financial advisors, and state and federal tax authorities; or to make such disclosure to any other persons when legally compelled to do so. Provided, however, in the event that Releasor and/or her counsel become legally compelled to disclose such terms, such person shall, as soon as practicable prior to such disclosure, provide written notice to Releasee regarding the proposed disclosure, including but not limited to a copy of the proposed disclosure, and an explanation of the circumstances compelling such disclosure. To the extent that disclosure must be or is made to any party not a party to this Release, such disclosure shall be limited in scope to that which is strictly necessary to accomplish the purpose for which disclosure is made, and the disclosing person shall so inform the recipient in writing and instruct the person to comply with the requirement of confidentiality. In the event that this confidentiality provision is breached by Releasor and/or her counsel or by a person to whom disclosure is made pursuant to the terms hereof, Releasee shall have available to it all remedies at law or equity, any and all of which remedies may be asserted in any arbitration conducted pursuant to this Release. Releasor expressly represents that neither she nor her counsel has revealed to anyone who is not a party to this Release any information related to the settlement of this matter. In the event it can be proven that Releasor or anyone acting pursuant to information from Releasor breaches this provision, Releasor shall pay to Releasee ten percent (10%) of the sum paid hereunder for each such breach as liquidated damages, plus reasonable attorneys'fees and costs incurred by Releasee in bringing the action.
VIL UNDERSTANDING AND CAPACITY
Releasor represents that she is the party legally entitled to settle and release each and all of the claims that she has released by the terms of this Release,
3
Vill. ARBITRATION
Any claim of a breach of this Release or that this Release is not enforceable to any extent will be resolved only in arbitration before a single arbitrator and not in any court provided, however, that Releasor and Releasee may obtain injunctive relief in court. The arbitration procedures shall be under the applicable rules of arbitration of the American Arbitration Association. Each party shall pay one-half of the arbitration fees and expenses. Any claim is permanently waived unless written notice of the basis of the claim is provided to the other party within one hundred and eighty (180) days after the claiming party first knew or should have known of the existence of the general facts underlying the claim. All arbitration hearings must commence within ninety (90) days after the written notice of the claim. The arbitrator's authority is only to apply the terms of this Release. This Release will be interpreted and enforced only under the laws of the state in which Releasor worked.
IX. LETTER OF-REFERENCE
As further consideration for Releasors releases and commitments herein, Chrysler agrees that, in response to all written or oral reference inquires concerning Releasor's employment at Releasee, Releasee will disclose only the information set forth in the letter attached hereto as Attachment A. Releasee's obligations with respect to this neutral reference are contingent on all reference inquiries concerning Releasor being directed to the following:
Steve Politakis (or his successor), Labor Relations, St. Louis Assembly Plant South, 1001 N. Highway Drive, Fenton, Missouri 63026-1997.
X. ENTIRE AGREEMENT AND BINDING EFFECT
This Release supersedes any prior agreement or understanding between the parties, written or oral, and constitutes the entire agreement between such parties and a complete resolution of all claims between them. There may be no modification of this Release except in writing signed by the parties. This Release shall bind the respective heirs, personal representatives, successors and assigns of each party, and inure to the benefit of each party, its/their respective heirs, successors and assigns.
X1. SEVERABILITY
if any provision of this Release shall be deemed to be null, void or inoperative for any reason, the remaining provisions shall remain in full force and effect.
XII. GOVERNING LAW
This Agreement will be governed by the laws of the State of Missouri.
4
RELEASOR ACKNOWLEDGES THAT SHE ENTERS INTO THIS RELEASE FREELY, KNOWINGLY AND VOLUNTARILY WITHOUT ANY DURESS OR COERCION. RELEASOR FURTHER ACKNOWLEDGES THAT SHE HAS CONSULTED IN DETAIL WITH HER COUNSEL AND HAS BEEN GIVEN AN AMPLE AND LENGTHY OPPORTUNITY TO DO SO. RELEASOR UNDERSTANDS THAT IF THE FACTS WITH RESPECT TO WHICH THIS RELEASE IS EXECUTED AND THE DISMISSAL HEREIN PROVIDED FOR IS MADE, ARE FOUND HEREAFTER TO BE OTHER THAN OR DIFFERENT FROM THE FACTS NOW BELIEVED BY RELEASOR TO BE TRUE, RELEASOR EXPRESSLY ACCEPTS AND ASSUMES THE RISK OF SUCH POSSIBLE DIFFERENCE IN FACTS AND AGREES THAT THIS RELEASE SHALL BE, AND WILL REMAIN, EFFECTIVE NOTWITHSTANDING SUCH DIFFERENCE IN FACTS. RELEASOR FURTHER ACKNOWLEDGES THAT SHE HAS CAREFULLY AND COMPLETELY READ ALL OF THE TERMS AND PROVISIONS OF THIS RELEASE AND THAT SHE UNDERSTANDS AND AGREES WITH THE SAME.
THIS RELEASE CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
IN WITNESS WHEREOF, the undersigned executes this Release on the date written below.
PAULA JOHNSON ("Releasor")
By:
Dated:
5
DECLARATION OF COUNSEL
The undersigned, Jerome J. Dobson, is the attorney for plaintiff Paula Johnson, hereinafter Releasor, in the United States District Court, Eastern District of Missouri, Eastern Division case entitled Paula Johnson v. Ch[ysler Corporation, Civil Action No. 4:97CV02340ERW. I hereby represent and declare that I have fully explained the foregoing Full Release to Releasor and Releasor has acknowledged to me that Releasor understands this document and the legal effect thereof, and I have advised Releasor to sign it. Further, as Releasor's attorney, I represent that to my knowledge there are no valid liens or claims that may be asserted as against the Releasee herein released on the basis of treatment or compensation for services or income losses rendered to or sustained by Releasor.
WEINHAUS & DOBSON
Jerome J. Dobson
ATTORNEY FOR PLAINTIFF
PAULAJOHNSON
6
ATTACHMENT A
TO WHOM IT MAY CONCERN:
Paula Johnson was employed at the DaimlerChrysler St. Louis Assembly Plant
South located in Fenton, Missouri with a seniority date of March 31,1995. She voluntarily
resigned her employment effective 1999 at which time her job title was
Assembly Worker.
DaimlerChrysler Corporation does not comment on the quality of its employees or former employees and no inferences, positive or negative, should be drawn from DaimlerChrysler Corporation's failure to do so in this letter.
Very truly yours,
Labor Relations
DaimlerChrysler Corporation - St. Louis
Assembly Plant South
7
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PAULA JOHNSON,
Plaintiff,
V. Case No. 4:97CV02340 ERW
CHRYSLER CORPORATION,
Defendant.
STIPULATION OF DISMISSAL WITH PREJUDICE
Plaintiff and defendant, pursuant to Rule 41(a)(1) Fed. R. Civ. P., hereby stipulate to the dismissal of the above-captioned action, with prejudice, the entire subject matter thereof having been fully compromised and settled and all attorneys' liens having been released. Each party shall be responsible for their own attorneys' fees and costs. Respectfully submitted, DANIELS & KAPLAN, P.C.
Kelly S. Moothart, ARN #61679
John D. Dunbar, ARN #61681
1102 Grand Boulevard
Fifteenth Floor
Kansas City, Missouri 64106-2305
(816) 221-3000 - Telephone
(816) 221-3006 - Facsimile
9:\chrysieNohnson\pieadings%stipulation of dismissal.doc
O'b
AFFIDAVIT 0 L-TROME A. DIEKEMPER
1, Jerome A. Diekemper, of lawkil age, hereby depose and state as follows;
1 1 am an attorney with the firm of Diekemper, Hammond, Shinners, Turcotte and Larrew, P.C. in Clayton, Missouri practicing primarily in the area of labor and employment law. I also serve as an imparVal mediator for parties involved in litigation in the United States District Co'urt, Eastern District of Missouri.
2. In my experience, in employment discrimination cases where there are existing workers compensation claims, a resolution which allocates a portion of the settlement funds to workers compensation claims as part of a global settlement is not an uncommon way to settle which appears to give a significant tax benefit to plaintiffs.
I hereby verify that the foregoing is true and correct to the best of my ~nowledge and belief.
Jero me A. Diekemper
STATE OF MISSOURI
ss.
COUNTY OF ST. LOUIS )
The foregoing affidavit of Jerprn A. D'Ekemper was subscribed and sworn to
before me, a notary public, thN-:~jf-r*day dk Aw~ 1999-
`-N&M-ry'Pub~c
NO L
Barbara A. Seiber, Nota%Public
I
St. Louis County, state of I issouri
TARY SEA
My Commission Expires 10/330/2001
DIEFENDANT'S.,.., IT. -
B
EXELE
e'Ai
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI, EASTERN DIVISION
2
3
PAULA JOHNSON,
4 -------------------- Plaintiff,
5 vs.
6 CHRYSLER CORPORATION,
-------------------- Defendant.
7
JEROME J. DOBSON AND
8 S. SHELDON WEINHAUS,
CHRYSLER CORPORATION,
9 -------------------- Intervenors.
10
HEARING ON MOTIONS
11
BEFORE THE HONORABLE E. RICHARD WEBBER
12 UNITED STATES DISTRICT JUDGE
13 JUNE 16, 1999, 2:00 P.M.
14
APPEARANCES:
15
For the Plaintiff: Mr. Paula Johnson
16 PRO SE
715 North 24th Street
17 East St. Louis, IL 62205
18
For the Defendant: Ms. Kelly S. Moothart
19 Mr. John D. Dunbar
DANIELS AND KAPLAN
20 1102 Grand Boulevard
1500 Bryant Building
21 Kansas City, MO 64106-2305
22
Intervenors: Mr. Jerome J. Dobson
23 Mr. Gregory A. Rich
WEINHAUS AND DOBSON
24 Suite 900
906 Olive Street
25 St. Louis, Missouri63101-1463
Carleen L. Horenkamp, RMR, CRR
1114 Market, St. Louis, MO 63101
Tel No. (314) 588-1558
2
I N D E X
Certificate ------------------------------------------ 129
2
W I T N E S S
3 ON BEHALF OF THE DEFENDANT: PAGE
JOHN D. DUNBAR
4 DIRECT EXAMINATION BY MS. MOOTHART 10
CROSS-EXAMINATION BY MS. JOHNSON 22
5 CROSS-EXAMINATION BY MR. DOBSON 29
RECROSS-EXAMINATION BY MS. JOHNSON 31
6
JEROME DOBSON
7 DIRECT EXAMINATION BY MS. MOOTHART 33
CROSS-EXAMINATION BY MS. JOHNSON 44
8 CROSS-EXAMINATION BY MR. RICH 69
RECROSS-EXAMINATION BY MS. JOHNSON 86
9
GREGORY RICH
10 DIRECT EXAMINATION BY MS. MOOTHART 91
CROSS-EXAMINATION BY MS. JOHNSON 94
11 CROSS-EXAMINATION BY MR. DOBSON 105
RECROSS-EXAMINATION BY MS. JOHNSON 107
12
PAULA JOHNSON
13 DIRECT EXAMINATION BY MS. JOHNSON 110
CROSS-EXAMINATION BY MR. DOBSON 116
14
E X H I B I T S
15 PLAINTIFF'S EX. NO.: MARKED OFFERED ADMITTED
1 - 8-1-97 Claim of Head Injury 23 23 23
16 2 - 1-20-99 Claim, Rt. Shoulder Injury 24 24 24
3 - Contingency Fee Contract, Dates of
17 Legitimate Injuries, Claim Numbers 24 24 24
4 - Unsigned Release 28 28 28
18 5 - Declaration of Counsel 28 28 28
19 DEFENDANT'S EX. NO.: MARKED OFFERED ADMITTED
A - Full Release and Joint
20 Stipulation for Dismissal 13 127 127
B - Affidavit of Mr. Diekemper 18 127 127
21 C - Final, Full Release 19 127 127
C - Memo to the Court re: Case Settled 38 127 127
22
INTERVENOR'S EX. NO.: MARKED OFFERED ADMITTED
23 1 - Retainer Agreement 70 127 127
2 - 5-13-99 Document by Johnson 74 127 127
24 3 - Doc. by Mr. Dobson w/ Breakdown #s 78 127 127
4 - Assignment of Work Comp Benefits
25 and Lien on Benefits 83 127 127
5 - Termination Letter 123 127 127
Carleen L. Horenkamp, RMR, CRR
1114 Market, St. Louis, MO 63101
Tel No. (314) 588-1558
3
1 THE COURT: The case I'm calling is Paula
2 Johnson versus Chrysler Corporation. The number is
3 4:97CV2340. I'll request announcement of appearances,
4 please, at this time.
5 MS. MOOTHART: Kelly Moothart on behalf of
6 Chrysler Corporation.
7 MR. DUNBAR: John Dunbar also on behalf of
8 Chrysler Corporation, the defendant.
9 MR. DOBSON: Jerome Dobson appearing on behalf of
10 Intervenor, Weinhaus and Dobson.
11 MR. RICH: Gregory Rich, also appearing on behalf
12 of Intervenor, Weinhaus and Dobson.
13 THE COURT: Okay. And Ms. Johnson.
14 MS. JOHNSON: Oh, Paula Johnson.
15 THE COURT: All right. Would you come on up so
16 you can hear, please?
17 MS. JOHNSON: I have a question.
18 THE COURT: Just wherever, either side, wherever
19 you're comfortable.
20 MS. JOHNSON: Shouldn't they be over there maybe?
21 THE COURT: No, just -- that's fine. This case
22 was originally set for trial on Friday, May 14th. The
23 parties notified the Court that the case had been settled.
24 The trial was canceled. This action is before the Court on
25 a motion to compel settlement. And you may proceed at this
Carleen L. Horenkamp, RMR, CRR
1114 Market, St. Louis, MO 63101
Tel No. (314) 588-1558
4
1 time.
2 MS. MOOTHART: May it please the Court.
3 THE COURT: Yes, Ms. Moothart, you may proceed.
4 MS. MOOTHART: Your Honor, we are here today on a
5 motion to compel and enforce settlement of an agreement
6 which was reached between Weinhaus and Dobson, who was
7 representing plaintiff's attorney -- I'm sorry, who were
8 representing plaintiff, Paula Johnson, on Friday, May 14th,
9 1999.
10 We anticipate that some of the testimony here
11 today will be regarding a confidential settlement agreement,
12 and I would request that the proceedings be closed and that
13 any transcript, if any, is required in this case, be
14 prepared under seal, and I would also request that the
15 exhibits, which will include the confidential settlement
16 agreements -- excuse me, the,confidential full release,
17 which sets forth the terms of the settlement agreement, also
18 be filed under seal. We have previously filed an Exhibit A
19 to the amended memorandum in support of defendant's motion
20 to compel and enforce settlement and I believe that was
21 filed under seal.
22 THE COURT: I'll grant the request that the
23 matters be filed under seal. I will deny the request to
24 clear the courtroom. For the benefit of everyone here, the
25 only persons in the back are persons from chambers, and
Carleen L. Horenkamp, RMR, CRR
1114 Market, St. Louis, MO 63101
Tel No.(314) 588-1558
5
1 there will be a court security officer, I assume, shortly.
2 And if there's anything that needs to be taken care of
3 confidentially or privately, you may approach the bench and
4 I'll hear you.
5 MS. MOOTHART: Thank you, Your Honor. As far as
6 any kind of opening argument, I would just refer the Court
7 to my amended memorandum in support of defendant's motion to
8 compel and enforce settlement, which sets forth the case law
9 supporting enforcement of the settlement agreement in this
10 case. And, in particular, pages 6 through 11 set forth the
11 case law which supports enforcement of this settlement
12 agreement.
13 THE COURT: All right.
14 MS. MOOTHART: If it please the Court, I would now
15 like to call my first witness.
16 THE COURT: All right. Before that, let me
17 inquire if Ms. Johnson cares to make an opening statement
18 before evidence is presented. Yes, you may.
19 MS. JOHNSON: May I?
20 THE COURT: Yes, you may. During this particular
21 presentation, you need to outline for me what you expect
22 your evidence to show today.
23 MS. JOHNSON: Yes.
24 THE COURT: Okay.
25 MS. JOHNSON: Well, thank you for allowing me to
Carleen L. Horenkamp, RMR, CRR
1114 Market, St. Louis, MO 63101
Tel No. (314)588-1558
6
1 make this opening statement, Your Honor. Basically, all I
2 have to say is that when the settlement was brought before
3 me, there were fraudulent claims of workers, compensation on
4 injuries that never occurred. I could not and will not sign
5 on to something like that because it would be detrimental to
6 me, because I never had head injuries and different things
7 like that. I was shocked that my former law offices of
8 Weinhaus and Dobson would come up with fraudulent dates of
9 accidents or fraudulent incident dates and times of
10 occurrences just for the purpose of settling a sexual
11 harassment lawsuit.
12 It's my understanding from the work and research
13 I've done in law libraries that the federal court has no
14 jurisdiction over workers, compensation, and the way this is
15 handled, it was a fraudulent deal that I will refuse to
16 accept. And I'm hoping that this Court will see that,
17 because it's based on workers, comp claims that don't
18 exist.
19 The only information that I have before you today
20 is copies of those fraudulent claims from the workers,
21 Compensation Department of Labor that have been submitted to
22 me, in which I was coerced into signing five blank pages.
23 Those pages remained blank. They were undated. All of this
24 was processed on the 14th of May. The first page that I was
25 never allowed to review, it was later processed. I never
Carleen L. Horenkamp, RMR, CRR
1114 Market, St. Louis, MO 63101
Tel No.(314) 598-1558
7
1 saw it. The only reason I have it with me now, these are
2 records that were sent to me directly from the workers,
3 compensation offices in Jefferson City.
4 of those, that first page, there are falsified
5 descriptions, falsified dates. This is just -- it's a
6 travesty of justice and it's something that I've never heard
7 of in my life. And for a sexual harassment claim to be
8 handled in such a manner, I don't even see -- it's a fraud
9 on the Court.
10 And in regards to the law offices of Weinhaus and
11 Dobson, I had no choice but to terminate their services.
12 They misrepresented me. They withheld information regarding
13 the settlement. If they would have told me they were doing
14 this with five workers, compensation claims, there is no way
15 in the world I would want anything like that attached to my
16 Social Security number, because that would be a part of my
17 record from now on. It's something that would be attached
18 to my record at my next place of employment, if I should be
19 injured, that will still come up about head injuries and
20 different injuries that never occurred.
21 1 do have existing legitimate workers, comp
22 injuries that began back in 1995. Those claims were never
23 handled by the law offices of Weinhaus and Dobson. I have a
24 letter from my attorney, which is handling that issue, his
25 name is Cordell Siegel. In that letter, he just simply
Carleen L. Horenkamp, RMR, CRR
1114 Market, St. Louis, MO 63101
Tel No.(314) 588-1558
8
1 states the claims that he's been handling, when those
2 legitimate injuries occurred, that they're legitimate
3 support of what we have. We have a foreman's incident
4 report, we have Chrysler medical records, everything to
5 justify legitimate claims. And so, also, all I have is just
6 documentation to show the fraudulence of this claim in the
7 form of a letter from my workers, compensation attorney.
8 The actual fraudulent claims that were submitted by Weinhaus
9 and Dobson, the fact that the settlement agreement wasn't
10 submitted to me until after 3 o'clock on that Friday, yet my
11 attorneys went and pulled my case that morning, and they
12 should not have done that before I saw that correspondence.
13 And with all of the mediation that's been going on
14 with Mr. Diekemper, it doesn't surprise me that
15 Mr. Diekemper was not involved in this last settlement
16 agreement. I doubt very seriously if anyone that's a
17 legitimate law person would have gotten involved with trying
18 to pay off a sexual harassment lawsuit through fraudulent
19 workers' compensation claims. It's tax evasion and it's
20 illegal. And the way Chrysler, with all due respect,
21 conducts themselves, they could easily turn right back
22 around and set me up, saying that on these specific dates,
23 Ms. Johnson wasn't even in attendance, there are no incident
24 reports, there are no witnesses.
25 It was just too much at stake. It was a very
Carleen L. Horenkamp, RMR, CRR
1114 Market, St. Louis, MO 63101
Tel No.(314) 588-1558
9
1 vicious game for lawyers to play. I've had to deal with a
2 tremendous amount of harassment at work. I'm sorry that I'm
3 in this position, but I have no regrets and I'm going to
4 pursue it till the end. It's a fraudulent agreement. They
5 should not have played games with the law. They should not
6 have withheld information from me. I would -- maybe I
7 shouldn't say this, but I feel that all of them should be
8 taken before the disciplinary council, and I think there are
9 criminal actions that should be involved in regards to how
10 they handled these settlements. They cannot fraudulently --
11 THE COURT: You --
12 MS. JOHNSON: Oh, I'm sorry.
13 THE COURT: You're really getting into argument.
14 MS. JOHNSON: Okay.
15 THE COURT: I think I understand what your
16 evidence will be. Thank you.
17 MS. JOHNSON: All right. Thank you. Sorry.
18 THE COURT: That's all right. Intervenors care to
19 make any opening statement?
20 MR. DOBSON: Your Honor, the testimony will be --
21 THE COURT: Mr. Dobson.
22 MR. DOBSON: I'm sorry, Jerome Dobson on behalf of
23 the Intervenor, Weinhaus and Dobson. We anticipate that the
24 evidence will be in this case that a full and fair and final
25 settlement was arrived at between Chrysler and Ms. Johnson.
Carleen L. Horenkamp, RMR, CRR
1114 Market, St. Louis, MO 63101
Tel No.(314) 588-1558
10
1 we served as Ms. Johnson's advocate. We arrived at a
2 settlement that envisioned a claim -- a settlement of five
3 workers' compensation claims, three of which had been filed,
4 two of which had not been filed, for which a legitimate
5 basis existed. That the specifics of the claims were
6 reviewed in detail with Ms. Johnson. We also had discussed
7 those claims with Chrysler. Ms. Johnson understood that the
8 reason that those claims were submitted were that they were
9 Legitimate claims and that she would achieve tax benefits
10 from settling a portion of her case as part of a workers,
11 compensation settlement, and that that money would be tax
12 free. The evidence will be that there was no fraud, that
13 there was no misunderstanding, that Ms. Johnson understood
14 and was involved and participated at every step of the
15 process. Thank you.
16 THE COURT: Okay. You may present your evidence
17 at this time, Ms. Moothart.
18 MS. MOOTHART: Thank you, Your Honor. I would
19 like to call Mr. John Dunbar to the stand.
20 THE COURT: Mr. Dunbar.
21 JOHN D. DUNBAR,
22 called as a witness on behalf of the Defendants, was sworn,
23 and testified as follows:
24 THE COURT: You may inquire.
25 DIRECT EXAMINATION
Carleen L. Horenkamp, RMR, CRR
1114 Market, St. Louis, MO 63101
Tel No.(314) 588-1558
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