Verdicts & Settlements
$2M Award Tossed; Woman Claimed Fiance’s Parents Were Part of AIDS Coverup
Posted Apr 3, 2008, 04:16 pm CST
By Molly McDonough
A woman who won a $2 million jury verdict in part because she claimed her fiance's parents failed to let her know their son was dying of AIDS is not entitled to the award, the Illinois Supreme Court has ruled.
The woman, identified as "Jane Doe," won the $2 million from a Cook County, Ill., jury in 2004. But the Illinois high court said the woman had numerous reasons to doubt her fiance's health before they began having unprotected sex, the Chicago Tribune reports.
"She ignored each and every fact that pointed to the truth, which was that Albert [Dilling] had a very serious health problem and she—having had unprotected sexual relations with him—was at risk for contracting it," Justice Charles Freeman wrote in the court's 6-0 opinion (PDF).
The court further ruled that the woman's claims for "fraudulent misrepresentation" are generally limited to business disputes over money.
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Comments
Posted by Victoria W Dilling - 7 months, 3 weeks, 6 days, 20 hours, 49 minutes ago
James Walgreen, my former spouse gave false testimony causing my elderly parents and family great anguish and stress shortly after our divorce was final. I thought his actions took vindictiveness to a zen level !
Former attorney, William O. Shank, former head of the law dept. of Walgreens Co., first contacted James Walgreen, asking him to be involved in the case.
Without James W’s testimony, the case would no longer have had merit.
Since when are the parents responsible for their grown children’s sexual partners? Both Albert and Doe were in THEIR 40’s. It is unconscionable to turn against your dead fiance’s parents and not take responsibility for your own actions. Doe was intimate with Albert (my twin brother) before she ever met my parents. The case should never have gone this far!
Hard to believe it has been EIGHT years.
We are thankful for our attorney, David Novoselski’s, hard work and also Jenner and Block’s friend of the court brief, and concerned parties.
We appreciate the excellent decision from the Appellate Court and also the comprehensive, fine work done by the Illinois Supreme Court with their decision upholding the Appellate decision.