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  1. #1

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    Quote Originally Posted by davewindsor View Post
    You need proof he gave it to her and not the other way around. Where's the proof of this "tort"? You need proof for it to be a legal matter. There's no reference to a registry or prior victims. Nothing. There's no negligence if there's no proof he had it prior or knew he had it prior. Without proof, the only tort here is libel.
    "Proof" in this instance is whatever a jury deems to be more probable than not. The defendant will be deposed. If he had prior knowledge of his condition, or if he ever sought medication or diagnosis, then he will either have to admit it, or he will have to commit perjury by lying under oath. The defendant will also be required to disclose prior sexual partners to the plaintiff, and they too will be interviewed and possibly deposed by the plaintiff's attorneys.

  2. #2

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    Quote Originally Posted by artds View Post
    "Proof" in this instance is whatever a jury deems to be more probable than not. The defendant will be deposed. If he had prior knowledge of his condition, or if he ever sought medication or diagnosis, then he will either have to admit it, or he will have to commit perjury by lying under oath. The defendant will also be required to disclose prior sexual partners to the plaintiff, and they too will be interviewed and possibly deposed by the plaintiff's attorneys.
    Why would a judge allow a juried trial without evidence? The defendant's lawyer will bring forth a motion to dismiss based on the lack of evidence plus costs.

    Come on, think about it. If the defendant really is a sex offender wanting to spread diseases and has lied to the plaintiff's face about it, why would he suddenly have a change of heart and admit his wrong doing to a judge so he loses the case? Are you telling me people don't ever lie under oath?

    Assuming he doesn't have multiple doctors [[being that he's a rich celebrity) and told the judge the correct doctor he actually confided his sickness to, how do you subpeona a doctor across state lines if he lives in California and the suit is brought forth in Michigan?

    If the defendant is a pathological liar and says he hasn't had any sexual partners in the past several years, now what? Case dismissed.
    Last edited by davewindsor; December-05-15 at 01:24 AM.

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