Case Update: Sexually Transmitted Disease Lawsuit

A client came to our law firm recently with a Sexually Transmitted Disease (STD), which she had contracted from a partner.  However, she had contacted our office well beyond the applicable statute of limitations.  After we spent some time with her, gathering facts, and researching, we found a case, and a statute that held that if there were some payments made by the partner, to the client, then the statute of limitations was tolled.  That is, we could still file the lawsuit after the statute of limitations had run.  We therefore carefully drafted a complaint alleging that the payments were made as part of her claim.  The defendants filed a motion asking the court to throw out the case because it was filed beyond the applicable time frame.

The Court Agreed – Perseverance Pays off and We move into the next stages

The court agreed with our position, and denied the motion brought by the Defendant.  The client had been to another attorney before she consulted with us, but also after the applicable time frame, and the prior attorney failed to note the case and statute that we found.  We had to amend the complaint filed by the prior attorney to address the statute of limitations problem, which we did successfully.

This was a very critical step in the case, because without this, the case was over. We will now go forward with the case, discovery, depositions, etc.