Wednesday, November 26, 2008

Lazima Amlipe Mke wake Dola 12.5 Milioni kwa kumwambuzia UKIMWI!

Sheria za UKIMWI hapa Marekani ni kali. Yaani mtu akigundulika kuwa alimwambukiza mtu virusi vya UKIMWI wakati alijua kuwa ni muathrika, anaweza kufungwa.

Kuna jamaa Los Angeles alimwambukiza mke wake ugonjwa wa UKIMWI. Wanasema kuwa kabla ya kufunga ndoa wote hawakuwa nao. Ila mume alikuwa anasafiri. Iaelekea alitembea na malaya 'somewhere' na kaambukizwa ndo kampelekea mke wake zawadi ya virusi vya UKIMWI! Jamaa na mke wake wameachana.

Sasa mahakama imemwamuru amlipe mke wake dola 12.5 milioni kama fidia. Duh!


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Man Ordered to Pay $12.5 Million for Infecting Wife with HIV

November 24, 2008

LOS ANGELES -- A Los Angeles Superior Court judge has ruled that a man who infected his ex-wife with HIV while they were married must pay her $12.5 million.

The award consists of $7.5 million in general damages and $5 million for past and future lost earnings. Superior Court Judge Rolf M. Treu declined to award the woman -- named simply as 'Bridget B.'-- any punitive damages in her case against 'John B.', saying he did not have information on the man's assets in order to make such a determination.

Before the trial began, both parties agreed to have the case decided by Treu rather than by a jury.

The lawsuit Bridget B. brought against John B. alleged negligence, fraud and intentional and negligent infliction of emotional distress.

Outside the courtroom, John B. said he feared the worst when the judge issued his decision.

He added that, "there's no money left, so let them try and collect."

John said he had spent considerable money in the past on attorney's fees. He acted as his own lawyer in the recent hearings.

Treu ruled in June that the plaintiff filed her case within the statue of limitations, in April of 2002, rejecting her ex-husband's argument that it was brought too late.

Bridget's attorney Lars Johnson said in closing arguments that his client lost a six-figure income as a management executive with Deloitte & Touche.

He argued that she should receive an award of $10 million in general damages and $5 million in punitive damages.

"If ever there was a case that warranted punitive damages, this is it," Johnson said. He told Treu that John, "repeatedly lied to the court, just as he did with Bridget."

Johnson said John claimed during his opening statement Tuesday that his ex-wife was responsible for bringing the virus into the marriage, but he contradicted himself later that day, saying he could have been the responsible one.

During his closing argument, the defendant again mixed his words, saying he might have given his ex-wife the virus, but also that he was "100 percent sure" that he was not at fault.

Asked by the judge to clarify which was true, John paused and said he would stay with the position that his ex-wife was to blame.

The former couple married in July 2000 and divorced in October 2003.

Both were diagnosed with HIV in October 2000, although he had tested negative in June and August of that year.

Dr. Howard E. Pitchon testified in behalf of Bridget that that he examined medical records of both parties and believes John B. acquired HIV in July 2000 and infected his wife within a month while they were on their honeymoon in the South Pacific.

The state Supreme Court ruled in July 2006 that she could sue her former partner for allegedly giving her the virus that causes AIDS if he had reason to know at the time that he was infected.

But the high court also set limits on how much information she could get about his past sexual partners.

2 comments:

Fadhy Mtanga said...

Najaribu kufikiria ingekuwaje kama mambo hayo yangekuwa yanafanyika hapa Tz.
Hakya Mungu wangeumia wengi. Hii sheria ni kali usipime. Lakini kunaweza kuwa na dosari. Pengine mwanamke ndo aliyeufetch somewhere. Pengine mwanaume aliupata katika namna nyingine apart from ngono.
Lakini, ni somo zuri sana kwetu especially vidume.
Ni hayo tu!

Simon Kitururu said...

Kama nia nikuishi bila UKIMWI , hata ulipwe vipi bado mwisho wa siku unateseka kwa UKIMWI! Kutokana na hii stori ilivyoandikwa, bado inawezekana kuwa sio mwanaume aliouleta nyumbani MDUDU, kutokana na stori kuonyesha dalili za huyu mwanamume mwenyewe kuwa mbabaishaji katika kuongea na kujitetea.