A judge on Tuesday indicated he is inclined to dismiss a lawsuit by a woman who alleges Washington Wizards forward Kris Humphries gave her herpes simplex type 1 during a September 2010 encounter at the Thompson Beverly Hills hotel.
Kalya Goldberg sued Humphries, now 29, in Los Angeles Superior Court in August 2012, alleging sexual battery, negligence and negligent infliction of emotional distress. Her suit states they met while having lunch with friends at the Newsroom Cafe in West Hollywood. Before leaving, they exchanged phone numbers and made plans to meet at a nightclub, according to the suit.
In a tentative ruling, Judge Gregory Keosian says the complaint should be tossed because Goldberg’s attorneys have not shown the NBA player was aware he had the sexually transmitted disease and became intimate with the plaintiff anyway.
“There is no dispute that plaintiff has no evidence that (Humphries) knew or should have known that he was infected with the virus at the time of the parties’ sexual contact,” Keosian wrote.
The judge is scheduled to hear arguments Wednesday before issuing a final ruling.
In a deposition given last year, Humphries was asked about his sexual experience with Goldberg.
“I don’t remember a lot from it,” he replied.
Goldberg said in her deposition that she has become socially isolated since contracting the disease.
“I have become very hermit — or a hermit,” Goldberg testified. “I don’t have a — it’s just gone through phases and ups and downs and I have — will have emotional breakdowns and there are times when I can just cry and cry.”
Goldberg said she didn’t have a love life.
“There’s — a dating life is nonexistent,” she said. “I just don’t have much confidence or my confidence has decreased.”
Humphries married Kim Kardashian in August 2011 and they split 72 days later.
