Three people who sued Usher, alleging the singer failed to disclose that he has genital herpes before having sex with them, want a judge to order an independent medical exam to determine if he has the virus.

The lawsuit brought Aug. 7 in Los Angeles Superior Court on behalf of Quantasia Sharpton and two other plaintiffs, identified only as John and Jane Doe, alleges sexual battery, fraud, negligence and both intentional and negligent infliction of emotional distress. Usher’s real name is Usher Raymond IV.

“The question of whether Mr. Raymond had herpes before engaging in sexual relations with the plaintiffs is at issue in this litigation,” according to the plaintiffs’ court papers filed Tuesday.

Usher has refused to say whether he has the virus and his lawyer has declined to submit proof that his client does not have herpes, according to the plaintiff’s court documents.

The lawsuit, which seeks unspecified damages, alleges that the two female plaintiffs had vaginal sex with Usher, while the male plaintiff alleges he and the married singer engaged in oral sex.

All three plaintiffs claim Usher failed to inform them about his alleged herpes diagnosis. Sharpton had sex with Usher in Atlantic City after a concert while celebrating her 19th birthday; the singer was intimate with John Doe in Koreatown; and Jane Doe had sex with Usher twice, the plaintiffs’ court papers state. Jane Doe’s twins were stillborn after she contracted herpes, the plaintiffs’ court papers allege.

“Stillbirth is a tragic and well-known consequence of giving vaginal birth while infected with herpes virus,” the plaintiffs’ court papers state.

The plaintiffs are proposing that Usher be tested at an Atlanta clinic near his home. It takes about 72 hours for the test results to be completed, according to a sworn statement submitted by the plaintiffs’ attorney, A. Douglas Mastroianni.

An Oct. 18 hearing is scheduled on the plaintiffs’ motion.

Sharpton, who recently held a news conference with her attorney to discuss the case, and the other plaintiffs would not have had sex with the entertainer if he had told them he had herpes beforehand, their complaint alleges.

–City News Service

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