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Old 03-26-2005, 12:29 PM   #1
Airhog
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Always Make her swallow

Court dismisses man's theft claim against lover who kept semen
The Associated Press
Updated: 2:39 p.m. ET Feb. 24, 2005CHICAGO - An appeals court said a man can press a claim for emotional distress after learning a former lover had used his sperm to have a baby. But he can’t claim theft, the ruling said, because the sperm were hers to keep.


The ruling Wednesday by the Illinois Appellate Court sends Dr. Richard O. Phillips’ distress case back to trial court.

Phillips accuses Dr. Sharon Irons of a “calculated, profound personal betrayal” after their affair six years ago, saying she secretly kept semen after they had oral sex, then used it to get pregnant.

He said he didn’t find out about the child for nearly two years, when Irons filed a paternity lawsuit. DNA tests confirmed Phillips was the father, the court papers state.

Phillips was ordered to pay about $800 a month in child support, said Irons’ attorney, Enrico Mirabelli.

'Trapped in a nightmare'
Phillips sued Irons, claiming he has had trouble sleeping and eating and has been haunted by “feelings of being trapped in a nightmare,” court papers state.

Irons responded that her alleged actions weren’t “truly extreme and outrageous” and that Phillips’ pain wasn’t bad enough to merit a lawsuit. The circuit court agreed and dismissed Phillips’ lawsuit in 2003.

But the higher court ruled that, if Phillips’ story is true, Irons “deceitfully engaged in sexual acts, which no reasonable person would expect could result in pregnancy, to use plaintiff’s sperm in an unorthodox, unanticipated manner yielding extreme consequences.”

The judges backed the lower court decision to dismiss the fraud and theft claims, agreeing with Irons that she didn’t steal the sperm.

“She asserts that when plaintiff 'delivered' his sperm, it was a gift — an absolute and irrevocable transfer of title to property from a donor to a donee,” the decision said. “There was no agreement that the original deposit would be returned upon request.”

Phillips is representing himself in the case. He could not be reached for comment Thursday.

“There’s a 5-year-old child here,” Mirabelli said. “Imagine how a child feels when your father says he feels emotionally damaged by your birth.”
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Old 03-26-2005, 01:05 PM   #2
Young Drachma
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“There’s a 5-year-old child here,” Mirabelli said. “Imagine how a child feels when your father says he feels emotionally damaged by your birth.”


Perhaps. But it's like, maybe the kid's mother ought to talk to him about how he was born. I mean, it's one thing to expect him to pay...but it seems a bit unreasonable for the courts - or her attorney - to be happy about the fraud.
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Old 03-26-2005, 01:10 PM   #3
weinstein7
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Originally Posted by Airhog
“She asserts that when plaintiff 'delivered' his sperm, it was a gift — an absolute and irrevocable transfer of title to property from a donor to a donee,” the decision said. “There was no agreement that the original deposit would be returned upon request.”

This can't be serious, can it?
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Old 03-26-2005, 01:11 PM   #4
Airhog
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Okay I can understand that if you have sexual intercourse, it is a reasonable expectation that you may in fact get the girl pregnant. But during oral sex? This article makes it seem as though she impregnated herself after the affair. If this was the case, how could the judge award her child support?
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Old 03-26-2005, 01:12 PM   #5
Draft Dodger
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you know, I've been really dumbfounded by how this woman can get away with winning a paternity suit, but now I think I have the answer: "Phillips is representing himself in the case."
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Old 03-26-2005, 01:47 PM   #6
Logan
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Just out of curiousity, how did you come across this month-old article?
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Old 03-26-2005, 01:51 PM   #7
Draft Dodger
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Originally Posted by Logan
Just out of curiousity, how did you come across this month-old article?

a google search for man + lover + semen?
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Old 03-26-2005, 01:56 PM   #8
Tekneek
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Originally Posted by Draft Dodger
a google search for man + lover + semen?

Next question...why are you doing that search on a Saturday afternoon?
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Old 03-26-2005, 02:00 PM   #9
Draft Dodger
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Originally Posted by Tekneek
Next question...why are you doing that search on a Saturday afternoon?

he lives in Oklahoma...what do YOU expect him to do on a Saturday afternoon?



(maybe he's giving the sheep the day off?)
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Old 03-26-2005, 02:05 PM   #10
Ksyrup
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Perhaps he should have known something was up when she talked like she had a mouthful of marbles immediately after blowing him.
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Old 03-26-2005, 02:13 PM   #11
Hurst2112
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Quote:
Just out of curiousity, how did you come across this month-old article?

Quote:
a google search for man + lover + semen?

Quote:
Next question...why are you doing that search on a Saturday afternoon?

Possibly the best 1-2-3 punch this board has ever seen. Funny shit!

Though, it would have been funnier if Tek said "Next question...what are you doing this Saturday afternoon?"

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Old 03-26-2005, 02:32 PM   #12
Fonzie
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Originally Posted by Ksyrup
Perhaps he should have known something was up when she talked like she had a mouthful of marbles immediately after blowing him.

He probably should've also wondered why she insisted on giving him the blow job right next to a chest freezer and with a ziploc bag in her hand.
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Old 03-26-2005, 02:38 PM   #13
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Originally Posted by Fonzie
He probably should've also wondered why she insisted on giving him the blow job right next to a chest freezer and with a ziploc bag in her hand.

I assumed it was a mayonnaise jar
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Old 03-26-2005, 03:11 PM   #14
Noop
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Seriously women are fucking evil money grubbing bitches. And how the fuck can a judge make him pay for a kid he did not know was his? If it were like that then alot of sperm donors will be out of luck since this sort of sets a precedent. SHEESH!!!!!!!!!!!!!1
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Old 03-26-2005, 03:34 PM   #15
yabanci
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Originally Posted by Airhog
......
Phillips was ordered to pay about $800 a month in child support, said Irons’ attorney, Enrico Mirabelli......

That's one hell of an expensive blow job.
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Old 03-26-2005, 04:34 PM   #16
sterlingice
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Originally Posted by Noop
Seriously women are fucking evil money grubbing bitches. And how the fuck can a judge make him pay for a kid he did not know was his? If it were like that then alot of sperm donors will be out of luck since this sort of sets a precedent. SHEESH!!!!!!!!!!!!!1

Not quite in those words, but, damn, I agree with Noop on this one (more about the "how the fuck can a judge make him pay for a kid" part)

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Old 03-26-2005, 04:39 PM   #17
Airhog
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This article was posted on a different message board that I frequent.


Besides, there arent many sheep in oklahoma. We perfer baby cows
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Old 03-26-2005, 05:49 PM   #18
ScottVib
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Originally Posted by Airhog
Besides, there arent many sheep in oklahoma. We perfer baby cows

mmmm.... veal.
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Old 03-26-2005, 06:06 PM   #19
larrymcg421
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I think the dude was pretty stupid for trying to represent himself. I'm sure he could have found a lawyer to ably represent him for less than $800 month * 18 years.
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