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Man, crippled after unprotected sex, awarded $200K
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Canadian Press
Date: Friday Jul. 20, 2007 9:37 PM ET
VANCOUVER — A B.C. man who was crippled after getting the herpes simplex virus through unprotected sex has won a $200,000 award from his insurance company.
Randolph Gibbens had unprotected sex with three women in early 2003 and contracted the virus that inflamed his spinal cord, ending in total paralysis from the mid-stomach down.
The 45-year-old man's insurance firm, Co-operators Life Insurance Company, didn't want to compensate him, arguing in court he should have know he could catch a disease through unprotected sex.
Gibbens' lawyer argued the paraplegia was an unexpected consequence of engaging in unprotected sex, and while risky, the outcome couldn't have been expected.
B.C. Supreme Court Justice Frank Cole ruled the extremely rare occurance couldn't have been predicted, and contracting the virus would be similar to being bitten by a mosquito carrying the West Nile virus.
He ruled it was an unexpected event, not a natural cause, and Co-operators should pay the $200,000 policy plus interest dating back to 2003.
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