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Torts
Negligence
Declaratory Relief

Patricia Behr v. Thomas Redmond

Published: Feb. 21, 2009 | Result Date: Jan. 29, 2009 | Filing Date: Jan. 1, 1900 |

Case number: INC 052881 Verdict –  $6,753,600

Court

Riverside Superior


Attorneys

Plaintiff

Shaun M. Murphy


Defendant

Robert M. Frisbee


Experts

Plaintiff

Stanley M. Bierman
(medical)

Defendant

Jeffrey Richardson
(medical)

Facts

Plaintiff and defendant had a personal and business relationship. During the course of their relationship, plaintiff was infected with herpes, an incurable disease.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant knowingly concealed that he had genital herpes prior to initiating a sexual relationship with plaintiff and then failed to use a condom during sex to reduce the risk of transmitting the disease. Plaintiff contended that defendant infected her with herpes.

DEFENDANT'S CONTENTIONS:
The defendant claimed that he told plaintiff that he had herpes and she accepted the risk.

Settlement Discussions

The defendant offered a car, whose title was in dispute, but no money.

Damages

The plaintiff sought damages of in excess of $3 million plus punitive damages for redress of her injuries, and declaratory relief regarding the ownership of the vehicle.

Result

Verdict of $6,753,600 for plaintiff, ($503,600 economic; $3.5 million non-economic; $2,750,000 punitive).

Other Information

FILING DATE: Aug. 17, 2005.

Deliberation

two day

Poll

9-12

Length

nine days


#101026

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