Facts

Sometime in 2003, plaintiff, a 50-year-old female designer, alleged that she was infected with herpes by the 71-year-old defendant. Plaintiff filed suit alleging intentional and negligent infliction of emotional distress, fraud, and concealment, among other claims.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant was aware that he had herpes and failed to disclose this prior to their sexual relationship where they had unprotected sex.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff could not prove he gave her herpes, and that he informed her of his condition prior to sex.

Settlement Discussions

The plaintiff demanded $1 million and defendant offered the car he had previously given to her.

Damages

The plaintiff sought unspecified damages for past and future medicals as well as pain and suffering.

Injuries

emotional distress; herpes zoster.

Result

The jury found that defendant was negligent and awarded plaintiff $6,753,600; $4,003,600 for past and future medical costs, including pain and suffering as well as $2,750,000 for punitive damages, plus ownership of the car.

Other Information

The defendant filed a motions for new trial and judgment notwithstanding the verdict.

Deliberation

1.5 days

Poll

9-3

Length

nine days