An attorney for a woman who alleges Kris Humphries gave her herpes urged a judge Wednesday to keep his client’s case alive, but a lawyer for the Washington Wizards forward asked for the case to be dismissed in accordance with a tentative ruling.
“They’re trying to drill for oil where it doesn’t exist,” Humphries attorney Lee Hutton told Los Angeles Superior Court Judge Gregory Keosian. “My client requests that (the case be dismissed).”
Keosian issued a preliminary decision Tuesday granting Hutton’s motion to toss plaintiff Kayla Goldberg’s lawsuit.
After hearing today’s arguments, he took the case under submission and did not say when he would rule.
Goldberg alleges Humphries gave her herpes simplex type 1 during a September 2010 encounter at the Thompson Beverly Hills Hotel. She sued the NBA player, now 29, in August 2012, alleging sexual battery, negligence and negligent infliction of emotional distress. Her suit states they met while having lunch with friends at the Newsroom Cafe in West Hollywood. Before leaving, they exchanged phone numbers and made plans to meet at a nightclub, according to the suit.
In his tentative ruling, Keosian said the complaint should be tossed because Goldberg’s attorneys have not shown the NBA player was aware he had the sexually transmitted disease.
“There is no dispute that plaintiff has no evidence that (Humphries) knew or should have known that he was infected with the virus at the time of the parties’ sexual contact,” Keosian wrote.
Humphries has denied he ever had herpes. Goldberg’s attorney, Rob Hennig, said that issue could have been resolved months ago, if Keosian granted his request to have Humphries tested.
At the time, Keosian said that if he granted the request and Humphries tested positive for herpes, it would not prove he had the disease at the time he was intimate with Goldberg in 2010.
Henning said a blood test should have been granted anyway.
“It’s an imperfect test, but it’s a test,” Hennig said. “The court can’t rely on Mr. Humphries’ self-serving statements.”
Goldberg said in her deposition that she has become socially isolated since contracting the lifelong disease.
“I have become very hermit — or a hermit,” Goldberg testified. “I don’t have a — it’s just gone through phases and ups and downs and I have — will have emotional breakdowns and there are times when I can just cry and cry.”
Goldberg said she didn’t have a love life.
“There’s — a dating life is nonexistent,” she said. “I just don’t have much confidence or my confidence has decreased.”
Humphries married Kim Kardashian in August 2011 and they split 72 days later.
— City News Service