TMZ has another big celebrity news story, one that is building this week: seems that an A-list celebrity (whose name has not been released yet) has been sued for giving someone herpes.
That's right. Some very big movie star ( according to the pleadings, an "A-list celebrity of substantial fame internationally") intentionally gave a sexually transmitted disease to a woman (her name's withheld, too) and she has filed a lawsuit for damages based upon having herpes now.
Bases of the Movie Star STD Injury claim include (1) sexual battery; (2) infliction of emotional distress, intentional and negligent; and (3) fraud. Requested personal injury damages? TMZ is claiming it's $20,000,000.00.
Today, the plaintiff has revealed that there are videotapes which can be used as evidence that the claims are not frivolous. TMZ is keeping track of all the offers that are being made (these are in the millions of dollars) for these tapes; however, so far the videos remain within the attorneys' evidence files.
Today, the plaintiff has revealed that there are videotapes which can be used as evidence that the claims are not frivolous. TMZ is keeping track of all the offers that are being made (these are in the millions of dollars) for these tapes; however, so far the videos remain within the attorneys' evidence files.
In Florida, Can You Sue for Personal Injury Damages As A Result of Getting an STD? Yes, You Can.
First of all, Florida recognizes that it's wrong for someone with an STD to infect someone else with the disease, especially when they are aware that they had an STD.
For several sexually transmitted diseases, this has been made a crime under Florida law and the person can be prosecuted by the district attorney's office for doing this. (Read the statute and its STD list here.)
Under Florida's personal injury law, giving someone a sexually transmitted disease can form the basis of a civil lawsuit, analogous to the one filed in California yesterday.
However, insurance policies will only provide coverage - and therefore money to pay any judgment - if the transmission was negligently done and not intentional. If the defendant knew that they had the STD and went ahead anyway, then there will not be insurance coverage. The defendant's assets will have to cover whatever monetary awards or judgments result from the lawsuit.
For the California International A-List Movie Star lawsuit, the plaintiff probably isn't concerned about collectibility of a judgment. You might be, if you're thinking about suing for an STD, and putting all that personal, private information into the public record.
By on May 12, 2011 2:23 PM
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