Kevin Ames v. Bleeker L. Graham and Juanita L. Graham
Published: Mar. 23, 1996 | Result Date: Jan. 23, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC096689 – $290,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Steven Frankel
(medical)
Bernard McNamara
(medical)
Steven Frankel
(medical)
Defendant
Michael Lauermann
(medical)
Lawrence R. Moss
(medical)
Facts
Commencing in 1980 and until 1992 when the defendants' son was admitted to the hospital with AIDS, the plaintiff, a 34-year-old messenger, was cohabitating with the defendants' son. The plaintiff alleged that the defendants' son had unprotected sex with the plaintiff without informing the plaintiff that he had the AIDS virus. The defendants' son allegedly knew that he was infected with the AIDS virus at the time that he was engaging in unprotected sex with the plaintiff. The plaintiff also alleged that the defendants' son had promised the plaintiff all of his property upon his death (worth approximately $738,000) and that the defendants interfered with this. The defendants had inherited seven houses by means of a living trust. The plaintiff brought this action against the defendants based on intentional and negligent infliction of emotional distress, fraud, breach of an oral cohabitation agreement and intentional interference with prospective economic advantage theories of recovery.
Settlement Discussions
Per the plaintiff, the plaintiff made a $360,000 settlement demand. Per the defendants, the plaintiff made a $500,000 settlement demand. The defendant made a C.C.P. º998 offer of compromise for $10,000.
Specials in Evidence
$_______ $________ $________ $________
Damages
The plaintiff requested $1,000,000 in general damages from the jury.
Injuries
The plaintiff alleged that he suffered and will continue to suffer fear that he will contract the AIDS virus as a result of the incident. (He has tested negative for the virus.)
Result
A mediation was held on October 17, 1994, before Anthony J. Vulin, Esq. of San Pedro resulting in no settlement. POST TRIAL MOTIONS: The defendants filed a motion for judgment notwithstanding the verdict (for the fraud cause of action for personal injuries based on a one year statute of limitations argument, which's pending. The plaintiff filed a motion for judgment notwithstanding the verdict to increase the net recovery to $290,000.
Other Information
The verdict was reached approximately two years and one month after the case was filed. The plaintiff tested negative for the HIV virus in June of 1992, December of 1993 and October of 1994. The defendants argued that there was no substantial risk of the plaintiff becoming HIV positive. Judge Sohigian refused to apply the Potter standard to the fraud cause of action but allowed the Potter standard to be applied to the infliction of emotional distress causes of action and the jury found the plaintiff had met his burden of proof required by Potter in its special verdict. A non suit and motion for directed verdict was granted in favor of the defendants as to the plaintiff's theory of breach of oral cohabitation agreement and in favor of the defendant mother as to the theory of intentional interference with prospective economic advantage. There was a defense verdict in favor of the defendant father as to the intentional interference with prospective economic advantage cause of action. The defendants cross-complained against the plaintiff to recover damages for $30,000 in furniture and furnishings the plaintiff removed from his home when he vacated. The jury found against the parents on the cross-complaint.
Deliberation
24 hours
Poll
9-3
Length
19 days
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