A judge expressed doubt on May 27 that Boston Celtics forward Kris Humphries should be ordered to undergo a blood draw in connection with a lawsuit alleging the NBA player gave a woman genital herpes, but he took the issue under submission after hearing arguments.
Kayla Goldberg filed suit against Humphries in August 2012, alleging sexual battery, negligence and negligent infliction of emotional distress. She alleges she acquired herpes from the 29-year-old Humphries in 2010 after they had unprotected sex in a one-night stand.
Los Angeles Superior Court Judge Gregory Keosian, in a tentative ruling Friday, wrote that he was concerned Humphries’ privacy may be intruded upon if the judge allows a blood sample to be taken.
“In weighing one party’s right to discovery versus another party’s right to privacy, the court considers a number of factors, including the purpose of the information sought and the effect that disclosure will have on the parties and on the trial,” Keosian wrote. “Plaintiff has not demonstrated either direct relevance or compelling need to justify the intrusion into defendant’s privacy rights.”
Keosian repeated those concerns during a hearing today.
“You really have to show a compelling interest to overcome the privacy interest here,” Keosian told Goldberg’s attorney, Rob Henning.
The judge said that even if a current blood test turns up positive, it would not necessarily mean Humphries had herpes in 2010. At Hennig’s suggestion, Keosian took the case under submission and agreed to read more law on the issues before issuing a final decision.
Hennig said Humphries made his medical condition an issue by denying during his deposition that he has herpes.
Hennig maintains in his court papers that an exam and blood are needed to test for the presence of antibodies for herpes simplex type 1. Humphries denies he has the herpes virus, maintains he could not have transmitted the disease and has refused to submit to a simple herpes test, according to Henning’s court papers.
Humphries’ attorney, Lee Hutton, said Goldberg knew within a week after she had sex with Humphries that she had herpes, but did not raise the issue with him at that time.
“Quite frankly that ship has sailed,” Hutton said. “It is a half-court shot with my client – pardon the pun.”
Hutton said Hennig cannot show that the need to take the blood draw trumps Humphries’ privacy rights.
Humphries was married to Kim Kardashian for 72 days before they split up in the summer of 2011.
