Crime & Safety

Judge Drops Herpes Lawsuit Against Kris Humphries

The suit said Kayla Goldberg met the NBA player in West Hollywood and then got together at a Beverly Hills hotel.

A judge dismissed a lawsuit brought by a woman who alleged Washington Wizards forward Kris Humphries gave her herpes during a September 2010 encounter at the Thompson Beverly Hills Hotel.

Los Angeles Superior Court Judge Gregory Keosian issued his decision Thursday, finalizing a tentative ruling he handed down two days earlier. He heard arguments from the attorneys Wednesday before taking the case under submission.

Kayla Goldberg sued the NBA player, now 29, in August 2012, alleging sexual battery, negligence and negligent infliction of emotional distress. Her suit stated 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.

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In his ruling, Keosian said he dismissed the complaint because Goldberg’s attorneys did not show 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.

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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 argued. “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.

“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. He and the Wizards open their regular season play Oct. 29 in Miami.

--City News Service

PHOTO Patch file photo.

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