WHAT A HEEL: Seduced Wife’s Spouse Sues Shrink With STD
Psychiatrist Robert Werboff (allegedly) had an affair with patient Susan Levine and transmitted genital herpes to her husband, Carl Levine, through her. The wronged husband filed suit against Werboff for intentional and negligent infliction of emotional distress, fraud, and statutory and common-law negligence, reports New York Law Journal:
[He] claimed that Dr. Werboff had a duty to warn him that he had herpes simplex before having unprotected sex with Levine's wife.
Looking to "common concepts of morality, logic, and ... the social consequences of imposing the duty," Westchester County Supreme Court Justice Nicholas Colabella agreed that Werboff owed a reasonable duty of care to Mr. Levine.
"There is nothing unfair about extending such a duty of care to a spouse of the infected person," the judge wrote in Levine v. Werboff, 24873/09. …
According to the complaint, Mr. Levine did not have herpes (HSP) before his wife slept with Werboff and did not have sex with "anyone other than his wife from the time he did not have HSP until he contracted HSP."
Werboff’s attorney plans to appeal the ruling, but if the case goes to trial a jury will determine whether the psychiatrist was infected and had had an affair with Susan Levine.
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