Federal Court Rejects Herpes Lawsuit Appeal - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Federal Court Rejects Herpes Lawsuit Appeal

Posted: Updated:
DOVER, Del. (AP) - A federal appeals court has rejected an appeal by a Pennsylvania woman who sued her former boyfriend for allegedly giving her herpes.

Sheryl Smith sued Andrew McGill Whelan in 2011 for negligence, fraud and misrepresentation, claiming he didn't disclose before they began having sex in 2008 that he had genital herpes.

A federal judge in Delaware granted summary judgment to Whelan last year, ruling that Smith did not file her lawsuit within the allowable time frame.

A federal appeals panel on Wednesday upheld the lower court ruling.

The panel ruled that, even if Whelan had fraudulently concealed the fact that he had herpes, Smith was not excused from the time requirements for filing a lawsuit because she still had sufficient information to alert her that he was the likely source.

  • Most Popular StoriesMost Popular StoriesMore>>

  • New Details Emerge Over Deaths of 13 Bald Eagles

    New Details Emerge Over Deaths of 13 Bald Eagles

    Jun 21, 2018 10:38 PM2018-06-22 02:38:00 GMT
    Friday, June 22 2018 8:10 AM EDT2018-06-22 12:10:39 GMT
    Dead eagle found in Federalsburg in February. (Photo: Glenn Breeding)Dead eagle found in Federalsburg in February. (Photo: Glenn Breeding)
    Dead eagle found in Federalsburg in February. (Photo: Glenn Breeding)Dead eagle found in Federalsburg in February. (Photo: Glenn Breeding)
    The U.S. Fish and Wildlife Service says at least six bald eagles were poisoned with an illegal pesticide. A total of 13 were found dead on a Caroline County, Maryland, farm back in February 2016.More
    The U.S. Fish and Wildlife Service says at least six bald eagles were poisoned with an illegal pesticide. A total of 13 were found dead on a Caroline County, Maryland, farm back in February 2016. More
  • State Police Investigate Two-Truck Crash in Laurel

    State Police Close Road After Two Truck Crash in Laurel

    Jun 21, 2018 6:19 PM2018-06-21 22:19:00 GMT
    Friday, June 22 2018 7:53 AM EDT2018-06-22 11:53:02 GMT
    Delaware State Police said officers were on the scene of a crash involving two trucks Thursday afternoon.More
    Delaware State Police said officers were on the scene of a crash involving two trucks Thursday afternoon.More
  • Fruitland Man Arrested During Narcotics Investigation

    Fruitland Man Arrested During Narcotics Investigation

    Jun 21, 2018 1:04 PM2018-06-21 17:04:00 GMT
    Thursday, June 21 2018 2:26 PM EDT2018-06-21 18:26:12 GMT
    Over the course of the last several months, the Wicomico County Sheriff’s Office Community Action Team, conducted a lengthy investigation into the distribution of narcotics throughout the county.More
    Over the course of the last several months, the Wicomico County Sheriff’s Office Community Action Team, conducted a lengthy investigation into the distribution of narcotics throughout the county.More
Powered by Frankly

All content © Copyright 2000 - 2018 WBOC. All Rights Reserved. For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices