Illinois appellate court overturns $2 million verdict in HIV case

CHICAGO [AP] -- The Illinois Appellate Court has overturned a $2 million award for a woman who sued her fiance's parents for allegedly hiding he was HIV-positive until a month before he died of AIDS.

The woman, identified in court papers only as "Jane Doe," sued Albert Dilling's parents, alleging Elizabeth and Kirkpatrick Dilling lied when she asked them about their son's deteriorating health.


Doe became infected through unprotected sex with Dilling in 1996 and did not know he had AIDS until just before he died in 1999, said the woman's attorney, Hall Adams III. Elizabeth Dilling has said she learned about her son's HIV status about the same time Doe did.

In March 2004 a Cook County jury awarded Doe, who lives in Chicago and is in her early 50s, $2 million. But the Appellate Court ruled Friday there was no evidence the Dillings knew their son had AIDS, said David Novoselsky, an attorney for Elizabeth Dilling. Kirkpatrick Dilling died in 2003.

The court also ruled Jane Doe shouldn't have relied on Albert Dilling's mother and father for updates on his medical status, Novoselsky said.

Adams said he would appeal the verdict.