Duke v. Housen

Facts

On April 4, 1970, Plaintiff, Margaret Housen, was introduced to Defendant, “Pony” Duke. On the night of April 4th to 5th, Margaret engaged in sexual intercourse with Pony. Over the course of the following days, Pony professed his love for Margaret and confessed his desire to marry her. On April 8th, Margaret met Pony at the La-Guardia airport in New York and travelled by truck with him to Denver, Colorado. They engaged in sexual intercourse along the way. Upon reaching Denver, Pony lost interest in Margaret, lodged her in a local hotel, and left for his home in Meeteetse, Wyoming. Margaret contacted her brother, who then flew to Denver. Together, they traveled to Meeteetse and confronted Pony about his recent behavior. They agreed that Pony would accompany Margaret and her brother back to Washington, D.C. and apologize to her family. After arriving in Washington, D.C. and discussing the situation with her family, Margaret accompanied Pony to New York where they occupied a hotel room together and engaged in sexual intercourse. On the morning of April 21st, Pony broke up with Margaret and informed her, for the first time, that he had gonorrhea and that she probably had the venereal disease too.

During the trial, it was established that Pony became aware that he had gonorrhea at some time prior to March 22, 1970 after he received a positive test result from a doctor in Dallas, Texas. However, Pony flew to New York and visited his own doctor, who stated that, after an external exam, he could not find any “clinical evidence” of gonorrhea. As a result, Pony believed that he had been cured. After Pony told Margaret that she possibly had gonorrhea, Margaret visited her personal physician who confirmed, on April 22nd, that she did have gonorrhea. Beginning in January 1973, Margaret noticed a pain in her lower right side that eventually became so severe that it required medical attention. Margaret’s doctor testified that during major exploratory surgery, he found scar tissue adhesions had formed within a number of areas of Margaret’s lower abdomen. He stated that the pain would return and Margaret would live with it for the remainder of her life. Additionally, her doctor stated that her ability to bear children would be greatly reduced.

Margaret brought suit against Pony on April 19, 1974 in Wyoming state court, seeking hospital expenses, doctor’s expenses, lost wages, future medical expense, and damages for pain and suffering. Margaret also requested $1 million in exemplary damages, arguing that Pony was guilty of gross negligence when he infected her with gonorrhea. The jury found that Pony had been infected with gonorrhea at the time of his relations with Margaret, and awarded Margaret $300,000 in compensatory damages and $1 million in exemplary or punitive damages. Pony appealed. Pony argued that Margaret’s cause of action was barred by the passage of time and that her complaint should be dismissed.