Background:
- 2 Single Adults began dating.
- One recently divorced knew he had herpes.
- Man confessed he had 2 restraining orders against him; female felt that showed he was an honest man and kept up the relationship
- Before having sex for the 1st time, she asked her mate if he had anything else to confess, e.g. sexually transmitted diseases.
- Man said emphatically “NO”
- Months later Female discovered she had herpes and felt they had a bond with this incurable disease due to his wife.
- Later the man admitted that his former wife was not to blame.
- Woman discontinued the relationship.
- Man filed bankruptcy
- Woman filed a complaint contending her damages from contracting herpes were not dischargeable.
Court Ruling:
- Woman proved a claim under state law for fraud
- Awarded $50K in punitive damages
- Awarded $50K in compensatory
- Awarded $150K for pain and suffering
- Determined non-discharge ability: non-dischargeable under inflicting a “willful and malicious injury” and for willful and malicious injury.
Woman should have run when she found out that he had 2 restraining orders against him but she did not cut it off early in the relationship. This should have been a red flag as to his character but she gave him another chance.
Bankruptcy does not forgive infecting someone intentionally with herpes.
- (ABI Journal – 12/5/2018)
