Tuesday, December 2, 2008

Man ordered to pay $12.5 mln for infecting ex-wife with HIV

LOS ANGELES, Nov. 24 (Chinese media) -- A Los Angeles

Superior Court judge has ruled that a man who infected his ex-wife with HIV

while they were married must pay her 12.5 million dollars, according to court

documents released on Monday.



Judge Rolf M. Treu made the tentative ruling after

taking the case under submission Oct. 15, the second and last day of a two-day,

non-jury trial of Bridget B.'s case against John B. Their last names were not

divulged in court papers.

The award consists of 7.5 million dollars in general

damages and 5 million dollars for past and future lost earnings.

Treu declined to issue an award of punitive damages

against John B., saying he did not have information on the man's assets in order

to make the determination.

Before the trial began, the plaintiff and defendant

agreed to have the case decided by Treu instead of a jury.

Attorneys for Bridget B. were not immediately

available for comment.

John B., who acted as his own lawyer, also could not

be reached.

However, outside the courtroom after the trial, he

said he feared the worst when the judge issued his decision.

An adverse ruling would not come as a surprise, he

said, "but there's no money left, so let them try and collect."

John B. said he had spent considerable money in past

attorneys' fees when he was represented by attorneys.

Treu had ruled in June that the plaintiff filed her

case within the statute of limitations, in April 2002, rejecting her ex-husband

's argument that it was brought too late.

The lawsuit alleged negligence, fraud and intentional

and negligent infliction of emotional distress.

The former couple married in July 2000 and divorced

in October 2003.

Both were diagnosed with HIV in October 2000,

although John B. had tested negative in June and August of that year.

Dr. Howard E. Pitchon testified on behalf of Bridget

that that he examined medical records of both parties and believes John B.

acquired HIV in July 2000 and infected his wife within a month while they were

on their honeymoon in the South Pacific, when they were having unprotected sex

for the first time.

The state Supreme Court ruled in July 2006 that she

could sue her former partner for allegedly giving her the virus that causes AIDS

if he had reason to know at the time that he was infected. But the high court

also set limits on how much information she could get about his past sexual

partners.

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