Death from Sex Yields $3 Million in Lawsuit

William Martinez, age 31, died allegedly from having sex and was not warned against such activity as he awaited a cardiac stress test.  Mr. Martinez, a married man with two kids, engaged in a three way sexual encounter with a friend and a woman (who was not his wife) the week after having been to Dr. Gangasani’s office for chest pains which radiated into his arm.  The attorney representing the estate of Mr. Martinez felt that Dr. Gangasani was negligent because Mr. Martinez was not told to stop all physical activity between the time of the office visit and his scheduled cardiac stress test.  Ironically the stress test was scheduled for the following day.

I highly doubt Dr. Gangasani would have suspected Mr. Martinez of having a threesome.  Would a patient typically think of sexual intercourse as physical activity?  I am not so sure.  Mr. Martinez was apparently known to have hypertension (high blood pressure) and one article mentioned that other tests had indicated that he was at risk for having clogged arteries in his heart.

The estate was originally awarded $5 million, but because Mr. Martinez was found to be 40% liable, the verdict was reduced to $3 million.  The verdict and judgement are in appeal.

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• Widow of Atlanta cop who died during three-way sex is awarded $3 million(usnews.msnbc.msn.com)

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• The Estate of William Martinez Awarded $3 Million(lawprofessors.typepad.com)

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