Duke v. Housen

589 P.2d 334 (1979)

Facts

In early April 1970, P was living, working, and going to college part-time in the Washington, D.C. area. On April 4 of that year she was introduced by her brother to D; and on the same night and early morning of April 5, following dinner and dancing plus moderate drinking, engaged in sexual intercourse with D in the front seat of his pickup truck. On April 8th, at least partially in response to defendant's sudden and convincing professions of love and desire to marry, P met D at the LaGuardia airport in New York and subsequently traveled by truck with him from New York to Denver, Colorado, engaging on and off in acts of sexual intercourse with D along the way. D lost interest in P and put her in a local hotel in Denver and left for his home in Meeteetse, Wyoming. P’s brother arrived. P traveled to Meeteetse and confronted D. D agreed to accompany plaintiff and her brother back to Washington, D.C., and apologize to the family. After arriving in Washington and discussing the situation with her family, P accompanied D to New York, there occupying a hotel room together and engaged once more in sexual intercourse with him. On the morning of April 21, 1970, D broke off his relationship and informed her for the first time that he had venereal disease, gonorrhea, and that now she probably had it too. Sometime prior to March 22, 1970, D had become aware that he was probably infected with venereal disease. He was treated by one doctor and another confirmed that there was no 'clinical evidence of gonorrhea.' D asserted at trial that it was his belief that as of his first sexual contact with P on the night of April 4-5, 1970, his infection with gonorrhea had been cured. On April 22, 1970, P visited her personal physician who through a smear test confirmed that gonorrhea was present. In response to medication, plaintiff's infection was arrested by May 14, 1970, but more serious problems were to develop. Beginning in January 1973, plaintiff noticed a pain in her lower right side which by March 1973, had become so severe and constant as to require medical attention. In July 1973, P found that because of the gonorrhea infection, and possibly other related secondary infections as well, scar tissue adhesions had formed, and even with removing them they would probably return again and again for the rest of her life. On April 5, 1971, a complaint was filed by P. That case was later dismissed. P filed a new action on April 19, 1974, seeking hospital expenses, doctor's expenses, wage loss, future medical expenses, as well as damages for pain and suffering, present and future. In addition, based on an allegation that defendant was guilty of gross negligence when he infected her with gonorrhea, P requested $1 million in exemplary damages. D raised the statute of limitations in the state where the injury occurred and not Wyoming’s 4-year statute of limitations. The judge ruled that the discovery rule applied and dismissed D’s defense and applied the 4-year statute. P got the verdict for $1.3 million. D appealed.