Important note: Information in this article was accurate in 2008. The state of the art may have changed since the publication date.
Chicago Tribune - April 3, 2008
Michael Higgins, mjhiggins@tribune.com
The woman, who is identified in court papers only as "Jane Doe," had reason to doubt the health of her fiance, Albert Dilling, before they began having unprotected sex in August 1996, Justice Charles Freeman wrote for the court.
Yet the woman did not investigate the possibility that Dilling had AIDS, even after her own health began to decline in the summer of 1999, Freeman said.
"She ignored each and every fact that pointed to the truth, which was that Albert had a very serious health problem and she -- having had unprotected sexual relations with him -- was at risk for contracting it," Freeman wrote in a 30-page opinion.
In a 6-0 decision, the Supreme Court also ruled that claims for "fraudulent misrepresentation" -- such as the woman filed against Dilling's parents -- are generally limited to business disputes over money.
The woman's attorney could not be reached.
Albert Dilling died of AIDS in November 1999, and the woman filed a lawsuit in 2000 against his mother, Elizabeth, and father, Kirkpatrick, who is now deceased.
The suit, which was the first of its kind in Illinois, alleged that the parents knew of their son's infection and lied to the woman when she asked about his deteriorating health.
The suit contended that as a result, the woman didn't learn she may have been infected for almost three years, during which time she could have received anti-retroviral medicine to help prevent the HIV infection from developing into AIDS.
The parents denied concealing any information, saying that doctors told them their son's health problems were due to heavy-metal poisoning and Lyme disease.
A Cook County jury awarded the woman $2 million in 2004, but an appellate court overturned the verdict in 2006. The woman appealed to the state Supreme Court.
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