Rejecting a wealthy businessman's testimony that he told a California woman about his genital herpes infection before they became sexual partners, a jury has ordered him to pay her more than $6.7 million for negligent transmission of the disease.

The award includes $2.75 million in punitive damages, which means the jury concluded that Tom Redmond, 77, acted outrageously and recklessly in failing to advise Patricia Behr, 56, that he was infected when they began having sex in October 2003. She tested positive for the virus after they broke up in July 2004.

The trial in Riverside County (Calif.) Superior Court lasted 11 days, with the jury also awarding Behr $2.5 million in compensatory damages for future medical expenses and $1.5 million for pain and suffering -- and ownership of a 2004 BMW which Redmond claimed he had only given her as a loan, not a gift..

A press release issued earlier this week did not identify the parties, but On Point identified them from court records.

Redmond may be one of the wealthier people ever to be involved in such a case. At the time he met Behr, a court document says, he had recently sold his hair care products company “for many millions ... owned beautiful homes in several locations, had a private jet, and enjoyed the trappings of his hard-earned wealth.”

He flew by the private jet from his home in Minnesota to Palm Springs to have lunch with Behr -- the mother of actor Jason Behr -- on their first date.

According to court papers, nearly $129,000 of Redmond's money went into funding a start-up furniture design business for Behr. He backed out of the venture in April 2005 -– a few months before she sued him.

Unlike a pending case in which former New York Met Roberto Alomar denies being infected with HIV, Redmond conceded that he contracted herpes some 30 years ago. A key issue was when he told Behr about his infection.

“Much of this case is 'he said-she said,'” he said in a court document.

In her complaint, Behr said she first had sex with Redmond after a “frank discussion” in which he told her about his “sexual limitations,” but “did not inform Plaintiff that he was infected with an incurable venereal disease.” Even though he knew “herpes could be prevented, at least in large part, by the use of condoms,” he did not use one.

In February 2004, the suit said, Redmond told Behr about his infection and that he thought he was having an active outbreak. But the following day, they again had unprotected sex after he said he was mistaken about having an active outbreak.

“Defendant ... knew or should have known that he could infect Plaintiff with herpes whether or not he was having an active outbreak of herpes,” Behr alleged.

Redmond insisted that he told Behr about his herpes before their first sexual encounter. He also suggested in court papers that she accused him of infecting her to retaliate against him for terminating their business relationship.

“The suit was the first time she accused Tom Redmond of giving her Herpes,” the document states.

The jury obviously went with the “she said” side of the story, finding in its verdict that Redmond did “fraudulently conceal his genital herpes from Patricia Behr before he had sexual intercourse with her.” It also cleared Behr of any contributory negligence for her infection.

“This verdict is a clear message to all persons infected with a sexually transmitted disease that this type of behavior simply will not be tolerated,” Behr attorney Shaun M. Murphy of Palm Springs said.

Defense attorney Robert M. Frisbee of Phoenix said Redmond will appeal. "The jury decided they didn't like a wealthy man for no particular reason I can find out," he said. "It's not based on reason or common sense."

Redmond Products -– which marketed its shampoos and conditioners under the Aussie brand -- had annual sales of about $130 million when Redmond sold it to Bristol-Myers Squibb Co. in 1997. He married another woman after breaking up with Behr.

By Matthew Heller
2/25/09