Federal Court Rejects Herpes Lawsuit Appeal - 47 ABC - Delmarva's Choice

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.

 

(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

  • ContestsMore>>

  • VP Shoes Back to School Contest

    VP Shoes Back to School Contest

    Friday, August 15 2014 12:02 AM EDT2014-08-15 04:02:20 GMT
    Winner announced on WMDT 47 News at 12PM on 8/22/14 No purchase necessary. Void where prohibited by law. Odds of winning dependent on number of entries received. Contest Dates: August 15, 2014 – AugustMore >>
    Winner announced on WMDT 47 News at 12PM on 8/22/14 No purchase necessary. Void where prohibited by law. Odds of winning dependent on number of entries received. Contest Dates: August 15, 2014 – AugustMore >>
  • Teacher Who Makes A Difference

    Teacher Who Makes A Difference

    The WMDT 47 Teachers Who Make a Difference Contest is Sponsored by Accurate Optical: "Encouraging children of all ages to come in for an annual eye exam to help them see better in school." Each month weMore >>
    The WMDT 47 "Teachers Who Make a Difference" Sponsored by Accurate Optical Encouraging children of all ages to come in for an annual eye exam to help them see better in school.More >>
  • Free Tuition Contest

    Free Tuition Contest

  • Local NewsDelmarva HeadlinesMore>>

  • Peanut And Almond Butter Recall Announced

    Peanut And Almond Butter Recall Announced

    Thursday, August 21 2014 11:57 AM EDT2014-08-21 15:57:10 GMT
    47 ABC - A new recall has been announced for some peanut and almond butters after concerns of possible salmonella contamination.
    More >>
    47 ABC - A new recall has been announced for some peanut and almond butters after concerns of possible salmonella contamination.
    More >>
  • DSP Looking For Bridgeville Sex Offender

    DSP Looking For Bridgeville Sex Offender

    Thursday, August 21 2014 11:54 AM EDT2014-08-21 15:54:16 GMT
    Eder RosasEder Rosas
    BRIDGEVILLE, Del. - A Bridgeville sex offender is wanted, after Police say he failed to re-register with them.More >>
    BRIDGEVILLE, Del. - A Bridgeville sex offender is wanted, after Police say he failed to re-register with them. Delaware State Police say their Sex Offender Apprehension and Registration Unit is looking for 19-year-old Eder Rosas, who is wanted on three counts of failure to re-register. Rosas is apparently currently registered as a homeless Tier 2 sex offender.
    More >>
  • Hashtag "X" Campaign Promotes Anti-Texting/Driving

    Hashtag "X" Campaign Promotes Anti Texting/Driving

    Thursday, August 21 2014 11:22 AM EDT2014-08-21 15:22:41 GMT
    SALISBURY, Md. - A twist on an anti-texting while driving campaign is urging teenagers to combine two things they arguably know best: texting and tweeting - neither done while driving, of course.More >>
    SALISBURY, Md. - A new twist on an "anti-texting while driving" campaign is urging teenagers to combine two things they arguably know better anyone: texting and tweeting - neither done while driving, ofMore >>
  • Most Popular StoriesMost Popular StoriesMore>>

  • Authorities Investigating Suspicious Death In Sussex Co.

    Authorities Investigating Suspicious Death In Sussex Co.

    Thursday, August 21 2014 8:48 AM EDT2014-08-21 12:48:16 GMT
    MILLSBORO, Del. - Delaware State Police now investigating a suspicious death in Millsboro after a body was found in a taxicab in Sussex County.According to reports, a passerby saw the taxi on the shoulderMore >>
    MILLSBORO, Del. - Delaware State Police now investigating a suspicious death in Millsboro after a body was found in a taxicab in Sussex County.According to reports, a passerby saw the taxi on the shoulderMore >>
  • Homeless Sex Offenders

    Homeless Sex Offenders

    DELAWARE - Individuals featured in this slideshow are NOT wanted. They are sex offenders who have registered with Delaware State Police as homeless. These are public notifications.More >>
    DELAWARE - Individuals featured in this slideshow are NOT wanted. They are sex offenders who have registered with Delaware State Police as homeless. These are public notifications.More >>
  • Two Men Charged After A Pedestrian Was Hit In Ocean City

    Two Men Charged After A Pedestrian Was Hit In Ocean City

    Thursday, August 21 2014 8:01 AM EDT2014-08-21 12:01:18 GMT
    OCEAN CITY, Md. -  Two men were arrested over the weekend after allegedly hitting a pedestrian and fleeing the scene in Ocean City.Police say when they arrived at the scene on 55th St. and Coastal HighwayMore >>
    OCEAN CITY, Md. -  Two men were arrested over the weekend after allegedly hitting a pedestrian and fleeing the scene in Ocean City.Police say when they arrived at the scene on 55th St. and Coastal HighwayMore >>
Powered by WorldNow
Powered by WorldNow All content © Copyright 2000 - 2014 WorldNow and WMDT. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.