By The Law Offices of John Day, P.C. on Jul 01, 2021 06:21 am
Where plaintiff had not been tested for specific STD before relationship with defendant, and defendant presented uncontradicted medical proof that he did not have said STD, summary judgment in case where plaintiff alleged defendant gave her STD was affirmed. In P.H. v. Cole, No. M2020-01353-COA-R3-CV (Tenn. Ct. App. June 7, 2021), plaintiff filed a complaint asserting claims for battery, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence per se, and fraud based on plaintiff’s allegation that she contracted HSV-2, a sexually transmitted disease, from defendant. Plaintiff and defendant “dated for a period of time between 2014 and 2018,” and plaintiff tested positive for HSV-2 in 2018. Five days after filing his answer in this case, defendant filed a motion for summary judgment. In support of this motion, he attached blood test results showing that he was negative for HSV-2, as well as the declaration of Dr. Wawa, the doctor in charge of the medical center where defendant was tested. In response, plaintiff suggested that defendant’s test results might not be accurate if he was immunocompromised, which prompted defendant to get tested for HIV. Defendant then filed a second declaration from Dr. Wawa along with test results showing that he tested negative for HIV and “was not immunocompromised.” During a hearing on the summary judgment motion, plaintiff’s attorney “conceded that, although [plaintiff] was tested for sexually transmitted diseases before she and [defendant] began their sexual relationship, she was not tested for HSV-2 until 2018, after the parties’ sexual relationship had ended.” Based on this concession and the evidence presented by defendant, the trial court granted defendant summary judgment, and the Court of Appeals affirmed. Continue reading
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