Day on Torts
Thomas Redmon gave the plaintiff herpes. He knew that he had the disease for over 25 years before he had sexual relations with the plaintiff. He knew that there was some risk in transmitting the disease even if he was lesion-free. He did not tell plaintiff that he had the disease before their first several sexual interactions, but later told her that he had the disease. He also told her that it was safe to have unprotected sex if he was lesion-free.
Plaintiff contacted herpes and sued Redmon. The jury awarded her $6.7 million.
The California Court of Appeals affirmed the liability aspect of the verdict but cut the compensatory damages award by over $2 million. (Note: the press reported that the award was affirmed. Here is one example of such an error.) The punitive damage award of $2.75 million was affirmed.
Read the opinion in Behr v. Redmond, E04833 (Cal., Ct. App. 4th App. Div. mar. 2, 2011) here.