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The Library => The SGA => Topic started by: AUTiger1 on February 01, 2011, 04:53:04 PM
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Per the Illinois Appellate Court
http://www.msnbc.msn.com/id/7024930/ns/health-sexual_health/ (http://www.msnbc.msn.com/id/7024930/ns/health-sexual_health/)
CHICAGO — An appeals court said a man can press a claim for emotional distress after learning a former lover had used his sperm to have a baby. But he can’t claim theft, the ruling said, because the sperm were hers to keep.
The ruling Wednesday by the Illinois Appellate Court sends Dr. Richard O. Phillips’ distress case back to trial court.
Phillips accuses Dr. Sharon Irons of a “calculated, profound personal betrayal†after their affair six years ago, saying she secretly kept semen after they had oral sex, then used it to get pregnant.
He said he didn’t find out about the child for nearly two years, when Irons filed a paternity lawsuit. DNA tests confirmed Phillips was the father, the court papers state.
Phillips was ordered to pay about $800 a month in child support, said Irons’ attorney, Enrico Mirabelli.
'Trapped in a nightmare'
Phillips sued Irons, claiming he has had trouble sleeping and eating and has been haunted by “feelings of being trapped in a nightmare,†court papers state.
Irons responded that her alleged actions weren’t “truly extreme and outrageous†and that Phillips’ pain wasn’t bad enough to merit a lawsuit. The circuit court agreed and dismissed Phillips’ lawsuit in 2003.
But the higher court ruled that, if Phillips’ story is true, Irons “deceitfully engaged in sexual acts, which no reasonable person would expect could result in pregnancy, to use plaintiff’s sperm in an unorthodox, unanticipated manner yielding extreme consequences.â€
The judges backed the lower court decision to dismiss the fraud and theft claims, agreeing with Irons that she didn’t steal the sperm.
“She asserts that when plaintiff 'delivered' his sperm, it was a gift — an absolute and irrevocable transfer of title to property from a donor to a donee,†the decision said. “There was no agreement that the original deposit would be returned upon request.â€
Phillips is representing himself in the case. He could not be reached for comment Thursday.
“There’s a 5-year-old child here,†Mirabelli said. “Imagine how a child feels when your father says he feels emotionally damaged by your birth.â€
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I am on his side. How dare she use him to get pregnant without his knowledge - and after haivng sex in such a way as to specifically prevent pregnancy!! - and then sue for child support!!! Holy shit!!
If you want a baby, FINE - but if he didn't screw you in the biblical sense, leave him out of it. And then to get all weepy and say a five year old is being damaged because her father doesn't want her... lady, that child was damaged the minute you spit the sperm into a ziploc bag.
I hope he beats her to hell and back.
The fact that a judge actually ruled the sperm was an irrevocable gift... good grief. What happens when he takes a dump on her floor? Can she keep that too?
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Yeah, I can't imagine getting a blow job and then two years later getting sued for child support.
Now on to the kid, you know he will find out one day. Sad day for him that he knows that his dad was emotionally damaged to find out about you and how bad would it suck to know that your dad wouldn't screw your mom so she took a load in the mouth and spit it out to use for your conception.
Wow! Like I said, mind just blew up.
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I did not have sex with that woman
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Damn. And Clinton told us that was not really sex.