| Show The Herald JouroalCache Sunday January 5 1VM- -7 Hudson AIDS suit opens legal Pandora’s Box HOLLYWOOD (UPI) -- Tor a isn’t under oath to tell a girl he's married when he goes to bed with her Caveat emptor — let the buyer beware Nobody put a gnu to Christian's back’’ Caruso said 99 percent of the eases such as the Christian suit will never see the inside of a courtroom "After the initial splash of litigious society that racks AIDS among its most dreaded enemies the question has painful relevance: Is aa AIDS victim aware of his deadly illness legally liable if he fails to Hit cbelson who previously gave the legal world the word "pafimony” and who now appears prised to break new ground in representing the man who was Rock Hudson's lover for the last year of the actor’s an AIDS victim doesn't warn a sex partner be is civilly liable and criminally Gable’ said Mitchelson adding that nearly half the states have criminal liability laws involving persons who knowingly transmit contagions diseases Xitchelson recently tiled a $10 million lawsuit on behalf of Hudson’s former lover Mare Christian 32 against Hudson’s estate which Is estimated to be Mitchelson said said in an interview "Rock failed to tell Marc about the disease but continued to have sex with him for eight or nine months "On two specific occasions Mare asked Rock if he had has a fatal transmittable disease it's like a time bomb and could almost involve criminal liability" Caruso said anyone with AIDS has a moral duty to tell a sex partner "but I'm not at all sure he has the legal responsibility If Hudson were aUve he coaid be liable — if Christian gets AIDS" Charles Vogel president of the Los Angeles County Bar Association sees the suit against Hudson’s estate as one that could make legal history "This is a new legal wrinkle It could be a precedent-settin- g esse" be said "It appears to me that if someone is a carrier of a virulent disease and knows that he or she is a "typhoid Mary that person has a duty to not spread it and a duty to inform aayooe of the risk invoked” Vogel predicted that this new legal battlefield wi3 draw people who are "dead broke and looking for something for nothing The makings are there AIDS and Rock denied it sayRock Hudson in 1981 ing his weight loss was due to anorexia and that he was losing AIDS He has nightmares about Paul Caruso a friend and weight os purpose” Rail the time” sometimes adversary of Mitchelson who represented said be doubts the case Mitchelson believes that Michelle Trida in her partially "there could be thousands of the Hudson estate has against successful “p alimony" suit men and womea out there fat foe much of a future against actor Lee Marvin in same boat with Mare Christian “I think this case is largely 1971 predicted there would be we bees have "like kaig illusory" Caruso said “It several cases similar to Chris- killer humans wasting around would be different if Christian tian's suit who can spread a deadly dis- had AIDS which would change The suit believed the Erst of ease to everyone else We may his life expectancy I think Christian has a tag way to Us kind names the actor’s even have to think of quarantravel business manager Wally Sheft tine" e The state of Texas already "ICS the story of a kid who secretary Mark Miller and two doctors not yet has dept with Hudson and who is The state Board of Health has afraid he might get AIDS identified for conspiring to keep "I doot Clink there should be knowledge of Hudson's disease tentatively approved a role adfrom Christian ding AIDS to the Gst of quaras-tinab- a law requiring people to andiseases It is aimed at nounce they have AIDS A man "We know Hudson was aware he had AIDS" said Mitchelson incorrigible AOS paadding that he has a witness a tients — those who say they wiS nurse on the set of the TV series continue to have sex — and AMERICAN "Dynasty" who treated him for could allow them to he jailed open sores (taring filming Mit-cbels- oo long-tim- le so-call- ed Those named in Robert Schlifkin a trustee of the Los Angeles County Bar "Bat herpes isn't fatal” Attorney Larry Feldman “If a person former president of the Los worth SM million "We allege that in June of 19M Hudson was told he had AIDS and was sharing his bed with Christian” Mitchelson foie ly" Association and president-elec- t of the Los Angeles Trial Lawyers Association said there are said Caruso existing laws that cover liability publicity” "there's a long road ahead to for spreading communicable get to court including deposi- diseases “There are cases that intions of litigants expert witnesses and doctors who charge dicate IT you are specifically from 31000 to 310000 a day to asked and know that you have a communicable disease — and testify” Mitchelson concedes that if an you deny it — you can be individual doesn't know he has Gable" Schlifkin said Schlifkin said a new law the disease and gives it to a sex partner there is no basis for a might be created if Christian wins the case and is able to lawsuit He said that although he is prove Hudson knew he had breaking new ground there is AIDS and denied it The debate sparked by the pending in New York a similar case involving a suit against a Christian suit ccmes at a time man who allegedly knew he had when the legal community is herpes bat did not warn his tooling up to deal with anticiwife There are also other pated AIDS cases in the years ahead herpes cases in US courts want a sex partner? Yes answers Marvin life "1 believe if especially in Hollywood "But most AIDS victims won't be in a financial position to present their esses adequate- suit CHTNESE according to Mitchelson knew Hudson suffered AIDS and conspired not to divulge foe information to Christian and to FOOD EAT HERE OR TAKE OUT SPECIAL LUNCHEON DAILY 1 1- -4 "One of foe doctors said foe news would he devastating to Marc" Mitehelsco said "So Mare innocently continued his relationship with RocL "Eventually lEDer and Sheft helped Mare get to a Paris hospital to be monitored for AIDS The test was negative at We Cater To Q BANQUETS - CUJB LUNCHEONS or SPECIAL PARTIES uptolOOpcopl 3HEW GRANDVIEW CAFE the moment hut foe disease can incubate for five years "Hopefully Mare hasn't contracted AIDS but foe emotional and mental distress is what counts in tins sot Marc is keeping a death watch He sni m rra fva m ckise kh) 25 Wert 3rd North -- 752492 Open: Sun - Thurs 1 1 ojh to t:4S pu fri Sc 1 1 ojm o pan t m m ' S ' !5 si ua & £3 $ iitf A Angeles Trial Lawyers Association said it is cow legal to submit a claim against someone who knows they have the disease and fails to disclose it such a claim Technically could be stated Feldman said "Bat there is a practical queswill be sympathetic to homosexual tion whether juries victims |
