Robbie Alomar

For anyone who has been around baseball Alomar's preference is not a well kept secret.

It is a pretty good bet that he did not contract AIDS from needles .

 

Very hideous disease and my heart and prayers goes out to all involved in this.

 

Yeah, people were taking the high road, right up until your post. A fine piece of passive-aggressive craftsmanship that doesn't surprise me at all. Nice job of getting it out there by pretending to be pointing out that people were taking the high road by not getting it out there. At least you ended your post with some compassion.

I hope this ends as well as possible for all involved, especially Alomar, whom I've always liked.

 

Yes, and she thinks she's entitled to 15 million for it. This lawsuit smells like sewage to me. This woman is no longer supported by Alomar so she's decided to try to squeeze a final huge payday from him by revealing his secret and exploiting his tragedy.

 

That about sums it up.

 

Not sure if this is any of the other links I just skimmed, but ... Alomar tells ESPN he's "in very good health."
http://sports.espn.go.com/mlb/news/story?id=3900719

 

Just wanted to point out something that hasn't been mentioned: the possible reason why Alomar tried to have this moved to federal court in Brooklyn instead of a New York state court AND the possible reason why Dall did not file this suit until now.

http://www.law.com/jsp/article.jsp?id=1202469643201

In summary, last February in Ornstein v New York, the New York Supreme Court struck down a limit set in 1996 on the emotional-distress damages that victims of possible negligent exposure to AIDS could sue for. Now, IIRC, I don't believe there is a federal law against "negligent exposure to AIDS," but there is a New York case law against it (Brown v New York). That's why Alomar wants this in federal court, not state court.

Before Ornstein, possible victims of negligent exposure could only receive six months of emotional distress damages:

Here's more:

Obviously, we don't know how this will affect Dall's case because we don't really know whether her allegations are valid. But that loosening of the financial limitations in 2008 may be why she didn't file until now -- now, instead of six months of damages, she can seek $15M. Which might make her greedy or, if the allegations are true, it might just mean that she wasn't aware she had this legal recourse until February. Again, IIRC, there's no federal law against negligent exposure to AIDS. I have no idea how many states other than New York have a law against it.

This being moved to Brooklyn may be a chance to establish a federal case law for the situation, since the New York Supreme Court has already weighed in. It also, of course, helps enhance Alomar's chance of winning precisely because there is no federal precedent for it.

And that's even assuming that the allegations are true. We don't know that, either.

- Sportsjournalists.com member and subscriber Cadet contributed to this report.

 

Yes, but he does not specifically deny having either HIV or AIDS (whether it is possible to have AIDS and be in "good health" is probably a matter of semantics), which I would think he would have, if he could have.

Not easy to see this ending well for anybody.

 

Geez, buck. Go to the beach or something, will ya?

 

Still a couple days 'til pitchers and catchers report. It needs to hurry up.

 

Interesting stuff, buck.

And reading it made me wonder about another legal question: aren't there some statute of limitations issues here? I seem to recall that, in most states, the statute of limitations is only two years for most tort claims of this nature. She allegedly learned about his AIDS status a helluva lot more than two years ago, so what's her excuse for waiting til now to raise this claim? I'm wondering if Alomar's lawyers might be able to dump this thing on statute of limitations grounds.

 

Maybe this could be Selena Roberts next investigative piece. The answers should be easier to track down.