$______ JUDGMENT FOLLOWING BENCH TRIAL - INTENTIONAL OR NEGLIGENT TRANSMISSION OF HIV VIRUS BY HUSBAND DEFENDANT TO PLAINTIFF WIFE - FRAUDULENT MISREPRESENTATION - EMOTIONAL DISTRESS - LOST WAGE CLAIM.

• Pages: 3-4

The jury found for the plaintiff under both the City and State Human

Rights Laws, awarded $8,500,000 for past emotional distress, $5,500,000

for future emotional injury and $1,500,000 in punitive damages.

REFERENCE

Plaintiff’s treating psychologist expert: Linda Beran, PhD from New York,

NY.

Plt: Bianco. Index no. 018702/04; Judge Timothy Flaherty, 2-09.

Attorneys for plaintiff: Rick Ostrove and Thomas Ricotta of Leeds, Morelli

& Brown in Carle Place, NY.

COMMENTARY

The plaintiff, in persuasively advancing that the sexual harassment caused particular griev-

ous emotional harm, argued that the jury should consider that the plaintiff, who decided to

become a nurse after surviving a battle with cancer, felt particularly safe in this hospital

setting until she became the victim of harassment. In this regard, the plaintiff emphasized

that because of the severe reaction, she is afraid to leave her home, and that she sits with

her back to the wall when in public to maximize her feelings of security. Additionally, the

plaintiff argued that because of the reaction, her ability to enjoy life has been drastically

affected and that she has been unable to obtain joy from events such as her daughter’s

wedding. It should be noted that the plaintiff brought the case under both the NYS and NYC

Human Rights Law and plaintiff’s counsel relates that punitive damages were recoverable

under the NYC Law only. In this regard, the plaintiff, who maintained that the hospital’s

failure to take action against the harasser after the incident occurred in front of the Chief of

Medicine was willful and wanton and the plaintiff’s position that the failure to take steps

emboldened the harasser and culminated in the groping incident several weeks later that

precipitated the PTSD, was accepted by the jury.

$12,500,000 JUDGMENT FOLLOWING BENCH TRIAL –

INTENTIONAL OR NEGLIGENT TRANSMISSION OF HIV

VIRUS BY HUSBAND DEFENDANT TO PLAINTIFF WIFE –

FRAUDULENT MISREPRESENTATION – EMOTIONAL

DISTRESS – LOST WAGE CLAIM.

Los Angeles County, California

The female plaintiff married the male defendant in July 2000. The

two had met in September 1998 and became engaged in 1999. The

defendant represented to the plaintiff that he was heterosexual,

monogamous and disease free, Based upon that representation, he

encouraged the plaintiff to forego the use of condoms during sexual

activity. A few months later, the plaintiff, who was suffering from

exhaustion and fevers, tested positive for HIV. The defendant tested

positive for HIV a few days later. The plaintiff alleged that the

defendant maintained that he had tested positive for HIV in October

2000. He first told the plaintiff that he had unprotected sex with

other men in November 2001.

The plaintiff alleged that the defendant became infected with the HIV vi-

rus first as a result of engaging in unprotected sex with multiple men be-

fore and during the parties’ marriage to each other. The plaintiff alleged

that the defendant knowingly or negligently transmitted the HIV virus to

the plaintiff. The plaintiff also alleged that the defendant fraudulently rep-

resented to her that he was free of sexually transmitted diseases and that

he was a heterosexual, monogamous male that wanted to marry her

and have children with her.

The plaintiff brought suit against the defendant for intentional infliction of

emotional distress, negligent infliction of emotional distress, fraud and a

plain negligence count, alleging that the defendant was under a duty to

disclose that he was HIV positive to the plaintiff. The defendant denied

SUMMARIES WITH TRIAL ANALYSIS 3

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