Title: Do you spit, swallow, or save for later use? Post by: Shockeye on February 24, 2005, 04:01:46 PM Quote from: AP Court: Man Can Sue Over Surprise Pregnancy (http://sfgate.com/cgi-bin/article.cgi?file=/n/a/2005/02/24/national/a095250S07.DTL) Thursday, February 24, 2005 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. 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." Title: Re: Do you spit, swallow, or save for later use? Post by: WayAbvPar on February 24, 2005, 04:14:44 PM What a lovely, healthy envrronment for a child. A batshit crazy mother who will take one in the gob so she can later impregnate herself, and a father who suffers emotional damage from the child's very existence!
QPASIHF* was our battle cry in college. Seems appropriate enough. *Quick Pull And Spunk In Her Face Title: Re: Do you spit, swallow, or save for later use? Post by: Stephen Zepp on February 24, 2005, 04:24:43 PM Scary but true--this exact scenario happened to a very good friend of mine last year. Worst part about it was, due to his personal morality, he wound up divorcing his current wife, and supporting the chick that fucked him over (without even fucking him, which in and of itself is a cause for severe hate) by buying a new house and having them move in with him.
He wanted his daughter to have a father, regardless of why he was her father. Title: Re: Do you spit, swallow, or save for later use? Post by: Nazrat on February 24, 2005, 04:37:05 PM I'm surprised I haven't seen this on my docket yet.
The worst, besides today, was the guy who claimed that his dead father slept with the mother and he had kept the father's ponytail for the DNA test that he wanted. People are broken, indeed. Title: Re: Do you spit, swallow, or save for later use? Post by: Paelos on February 24, 2005, 07:33:26 PM Ok wait. So now we can't even get head without worrying about knocking someone up?
This blows. Title: Re: Do you spit, swallow, or save for later use? Post by: Samwise on February 24, 2005, 07:35:29 PM Title: Re: Do you spit, swallow, or save for later use? Post by: Signe on February 25, 2005, 05:46:54 AM Ok wait. So now we can't even get head without worrying about knocking someone up? This blows. It only sucks... it doesn't necessarily blow. Title: Re: Do you spit, swallow, or save for later use? Post by: HaemishM on February 25, 2005, 09:23:38 AM While it may blow or suck, we are quite sure it spits.
Did he not notice she seemed to be saving his deposit, or did he just roll over right afterwards? Frankly, I think I'd actually watch a tape of this trial, just to see the participants try to delicately euphemize a money shot in the chops as a "deposit." Title: Re: Do you spit, swallow, or save for later use? Post by: Strazos on February 25, 2005, 12:03:31 PM He shoulda made a withdraw before closing the account.
Title: Re: Do you spit, swallow, or save for later use? Post by: Signe on February 25, 2005, 01:06:54 PM We should change the motto of this place to "Usefully Cynical One-Liners".
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