An Oregon woman is somewhat happy after winning a case in which the defendant gave her a STD, and although it definitely won't make the disease go away, she still had her day in court.
An unknown woman sued a man she dated in April-May of 2010 after meeting him online from the dating website E-harmony for $1.1 million dollars after contracting herpes. The victim claimed the defendant didn't disclose the information on their fourth date and had unprotected sex with her and gave her the virus despite her offering him a condom.
According to the victim, who was 49 year-old at time, the next thing she knew, after offering him a condom, the defendant had jumped on top of her and, following their encounter, he told her he had herpes.
The lawsuit which was filed in Multnomah County Circuit Court last week, stated that the defendant, a retired dentist who was 69, had sexual relations with her in May of 2010.
The victim's attorney Randall Vogt argued that he believed the plaintiff had a guilty conscience, which made him tell her.
So how did she know she didn't have herpes before she had sex with him? The victim had well documented doctor records. According to reports, the doctor told her she was clean prior to her date with the dentist. However, Defense attorney Shawn Lillegren argued she could have had sex with someone else after their encounter.
After the jury deliberated for two hours, the plaintiff ended up being awarded $900,000 due to pain and suffering, and painful outbreaks she endured. The jurors felt she was only responsible for 25% and he committed battery.
The largest settlement is stated to have been in 2011 for $4.3 million which went to a Riverside County woman, who also contracted herpes from her former boyfriend.