 A woman accused of using her lover's sperm to impregnate herself without his knowledge can be held liable for the unwitting father's emotional pain, the Illinois Appellate Court has ruled.
| This is a story that's being splattered all over the front pages... |
In the ruling released Wednesday, a three-judge panel reinstated part of a lawsuit against Sharon Irons, a doctor from Olympia Fields. The ruling sends the case back to Cook County Circuit Court. Irons was sued by her former lover, Chicago family physician Richard O. Phillips, who accused her of a "calculated, profound personal betrayal" of him after a brief affair they had six years ago.
| Its' a story that's dripping with passion and suspense... |
Phillips alleges that he and Irons, who practices internal medicine, never had intercourse during their four-month affair, although they did have oral sex three times.
| Three times in four months? And that was it? So it wasn't an affair that really erupted. She was just paying lip service to the idea... |
His suit contends that Irons, without his knowledge, kept some of his semen and used it to impregnate herself.
| And the judge swallowed that? |
The relationship ended when Phillips learned Irons had lied to him about being recently divorced and was, in fact, still married to another doctor, according to court documents.
| So she was lying to him about her marital status? I guess they were both suckers... |
Nearly two years later, Irons slapped Phillips with a paternity suit. DNA tests showed Phillips was indeed the father, court papers state. Phillips was ordered to pay about $800 a month in child support, said Irons' attorney, Enrico Mirabelli.
| Three episodes of foreplay in four months, then two years later she screws him... |
Phillips then sued Irons, claiming her actions robbed him of sleep and caused him to have trouble eating. He is haunted by "feelings of being trapped in a nightmare," court papers state.
| Boy, he just said a mouthful. The very thought leaves me feeling limp and empty. |
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' suit in 2003.
| Ummm... We object, yer honor! If that's not "truly extreme and outrageous" then what the hell is? |
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."
| I'll bet that really stuck in her... ummm... craw... I'd certainly call that unanticipated. |
But the judges agreed with the lower court's decision to dismiss fraud and theft claims against Irons. They agreed with Irons' lawyers 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."
| Too bad. I'da wanted to see her make restitution. |
Irons has since divorced, Mirabelli said.
| Boy, doesn't that come as a surprise? I understand he applied for a divorce when her cheeks started getting plump... |
"There's a 5-year-old child here," Mirabelli said Thursday. "Imagine how a child feels when your father says he feels emotionally damaged by your birth."
| Imagine how the child feels knowing Mommy wrung him out of a kleenex. |
Phillips is representing himself in the case. He could not be reached for comment Thursday.
| This can't be the whole story. I'm sure that something was gargled in translation... |
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