Important note: Information in this article was accurate in 2008. The state of the art may have changed since the publication date.
Associated Press - November 24, 2008
Superior Court Judge Rolf M. Treu issued the tentative ruling Friday, finding the man acted with fraud and malice. The ruling followed a non-jury trial in October in which the woman claimed her ex-husband gave her HIV on their honeymoon.
The award includes $7.5 million in general damages and $5 million for past and future lost earnings
The former couple is in their early 40s and were identified in court papers only as Bridget B. and John B. They married in 2000 and divorced in 2003. Both were diagnosed with HIV in October 2000.
Bridget B. sued for negligence, fraud and intentional and negligent infliction of emotional distress in April 2002.
The state Supreme Court ruled in July 2006 that she could sue her former partner for giving her the virus that causes AIDS if he had reason to know that he was infected. But the high court also set limits on how much information she could get about his past sexual partners.
Bridget B.'s court papers contend that John B.'s e-mails show that he had a "rampant, high-risk secret (homo)sexual lifestyle" that resulted in his being infected.
One of her attorneys, Kathleen Grassini, said the judge's finding of fraud and malice means John B. can't declare bankruptcy and get out of paying the award.
"But there's no money left, so let them try and collect," John B., who acted as his own lawyer, said outside the courtroom after the trial.
The husband had argued his ex-wife infected him with HIV, but then testified that he could have brought the HIV virus into the relationship.
Grassini said she and her client were pleased with the award.
"She's got some money and she's got some vindication," she said. "It's been seven years now. She testified on the most personal matters and the judge believed her."
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