Our Recent Victory
We here at Bryan L. Salamone & Associates, P.C. are pleased to announce that we successfully obtained a judgment of dismissal for one of our clients against a former lover. The accuser claimed he was infected with genital herpes, from which he sustained pain and suffering, and he sought millions of dollars in damages against our client.
In a recent Supreme Court trial (after three days of testimony), our firm successfully prevailed in a case wherein the plaintiff (a man) claimed our client, his ex-lover (a woman) infected him with the genital herpes virus.
The plaintiff claimed that for months prior to the end of the relationship, he had sexual intercourse with our client, who infected him with the incurable herpes virus and caused him to suffer daily pain and humiliation. There was adequate, if not detailed, medical testimony from the plaintiff’s personal physician who claimed he was an expert.
It is clear that plaintiff has the disease and is suffering because of the infection of genital herpes. Nevertheless, after the plaintiff set forth his case and presented his medical expert’s testimony, the court granted our Motion to have the plaintiff’s case dismissed against our client. The Motion was granted because the plaintiff could not provide proof that our client knew, or should have known, that she had the genital herpes virus when they were having unprotected sex. Without proving knowledge, their case against our client failed.
Furthermore, the plaintiff’s physician was not adequately proven or qualified as an expert, and was presented only as a treating physician. Without expert testimony on relevant concerns like the incubation period of the virus, and the probable time and source of the infection, their case failed.
While representing our client, the defendant, we made hundreds of successful objections during the plaintiff’s case. Meanwhile, the plaintiff hired a new attorney halfway through the trial in an attempt to match our effectiveness. Nevertheless, the plaintiff failed to prove that our client knew she had genital herpes or should have known she had the infection when she had unprotected sex with him. In fact, for the most part, the plaintiff failed to prove our client actually had genital herpes.
In any event, the case was quite a victory, as our client was being sued for millions of dollars. The medical testimony as to the pain and suffering the plaintiff endures on a daily basis, together with his humiliation and lifestyle damage, was very compelling. Even if the plaintiff had proven his case, though, the damages phase would then have had to be proven.
By receiving a dismissal of the case halfway through trial, we prevailed for our client. A dismissal after the plaintiff’s case is presented but before the defendant presents theirs is very rare (less than 5 percent) but in this situation, it was a victory for the legal team and the defendant.