A judge says Boston Celtics forward Kris Humphries does not have to undergo a medical exam in a lawsuit by a woman who alleges the NBA player gave her genital herpes, according to court papers obtained on June 3.
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 during a one-night stand.
Last Tuesday, Los Angeles Superior Court Judge Gregory Keosian finalized his tentative ruling in which he denied the plaintiff’s request for a blood draw as an invasion of the NBA player’s right to privacy.
“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.”
The judge said that even if a current blood test taken of the basketball player turns up positive it would not necessarily mean Humphries had herpes in 2010.
Goldberg’s lawyers maintained that an exam and blood draw was needed to test for the presence of antibodies for herpes simplex type 1 in Humphries. The basketball player denies he has any herpes virus, maintains he could not have transmitted the disease and has refused to submit to a herpes test, according to the plaintiffs’ attorneys court papers.
Humphries wed Kim Kardashian in August 2011 and they split 72 days later.
Kardashian, 33, married rapper Kanye West on May 24 in Italy. She gave birth to their daughter, North West, last June 15.
