Now the Los Angeles woman who claimed that Kris Humphries gave her herpes might worry that he'll sue her back.
Last week California Superior Court Judge Gregory Keosian dismissed Kayla Goldberg's lawsuit against the NBA player.
"As [case law] articulates, there must be evidence that [Humphries] had reason to know of the infection at the time of the parties' contact on 9/1/2010," states Keosian's ruling. "There is still no dispute that [Humphries] did not test positive for 'any form' of the HSV virus [sic], nor had reason to believe he was infected with 'any form' of the virus."
This week Humphries' attorney Lee Hutton III told me, "We are moving to go get costs from the plaintiff. We are considering malicious prosecution actions against the attorney."
Said Hutton, of Zelle Hofmann law firm: "In my deposition I was able to get her to admit that she had several previous sexual partners [who] engaged in unprotected sex and she has no evidence those individuals didn't give her the illness she claimed, not to mention, she had no evidence Kris had it in the first place."
In September 2012, I noted that Goldberg named Humphries a defendant along with "John Does 1-4."
Goldberg's LA attorney Rob Hennig would not say whether he'll appeal. He maintains the court should have ordered Humphries to be tested for herpes. "We think the court made a wrong decision and that Mr. Humphries' conduct, where he refuses to have a herpes test performed, but then claims we should rely upon his word that he is negative, is contrary to fair administration of justice."
But the ruling said Humphries didn't test positive for herpes. "That's what the judge said. We disagree," he said.