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Man allowed to sue woman for emotional distress after she keeps his sperm, not theft

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G

Gaborn

Member
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.”

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.”

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.”
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Story Here
 
M

mre

Golden Domers are chickenshit!!
“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.”
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This is glorious. :lol
 
D

dyls

Member
Lawyer said:
“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.”
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Pretty sure he'll still be reeling from being told his mom blew his dad, hid his sperm in her mouth, and then surreptitiously inserted it into her vagina.
She asserts that when plaintiff 'delivered' his sperm, <b>it was a gift.</b>
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I've been selling girls that line for years.

"What the fuck it's in my hair!"

"It's a gift baby. All for you."
 
A

Al-ibn Kermit

Junior Member
A better idea would be to take the kid away from her. I don't think a judge would have too much of a problem seeing a woman like that as an unfit parent. No matter what kind of "gift" you gave her.
 
V

vas_a_morir

Banned
Wait, if he didn't have vaginal intercourse, than he didn't do anything that would knowingly put him at risk to have a child. What happened in this case?
 
J

JGS

Banned
vas_a_morir said:
Wait, if he didn't have vaginal intercourse, than he didn't do anything that would knowingly put him at risk to have a child. What happened in this case?
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Well, that gives him the edge in suing imo. The downside is he's representing himself unless he's a lawyer.

Strange as it is, I agree with the decision and hope the guys wins.
 
B

bishoptl

Banstick Emeritus
alright boys, fess up - which one of you did this?

U3tua.jpg
 
B

BlackNMild2k1

Member
What a fucked up situation, but he likely wouldn't have been paying child support this whole time if he didn't have an idiot for a lawyer.

There is no way a man can be on the hook for a child that was conceived through the spit and wipe technique. Especially when she admits to only having oral sex with him.

This man has a duty to win this case and set precedent for any future rulings, because I don't want to see any crazy people getting any ideas from this.



p.s. I once had a girl try to pull this stunt on me, only difference was that she wasn't actually pregnant and just wanted me to like her more. Never talked to her crazy ass again.
 
EYEL1NER

EYEL1NER

Member
captive said:
idunno whats more surprising, that that thread only got 29 replies back then or half the people in the thread are now banned.
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It's always akward to me when I look at an old thread and every other person is banned. It's like "Do I really want to continue reading this thread? What kind of curse was placed on it?"
 
S

samus i am

Member
EYEL1NER said:
It's always akward to me when I look at an old thread and every other person is banned. It's like "Do I really want to continue reading this thread? What kind of curse was placed on it?"
Click to expand...

In 5 years when people read this thread half of the people will be banned. That's just the way it works.
 
N

Neki

Member
Child support system wins again! It's basically like winning the lottery, only for women, sadly.
 
B

Barrett2

Member
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.
Click to expand...

Jesus Tapdancing Christ!!
 
J

JoeBoy101

Member
xbhaskarx said:
So if this story is six years old, what happened?
(use spoiler tags please)
Click to expand...

Far as I can tell, nothing. A legal blog picked it up a day or so ago and searched for a further decision and found nothing (was remanded back for trial).
 
D

Dan Yo

Banned
Darkman M said:
Smart woman.
Click to expand...
The law works in such a way that it almost encourages women to do things like this. If you have a vagina then divorce and child support scams are the easiest things in the world to pull if you're looking to screw someone over you don't like or feel like making some extra money without having to work.

Seriously, the fact that this is even a case is evidence of that. The woman should have been thrown in jail, kid taken away, and the father compensated for distress. Instead, they just make him pay her every month. Absolutely insane.
 
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