NEW YORK (CNN) -- A lawsuit filed January 30 by baseball great Roberto Alomar's ex-girlfriend alleges he engaged in unprotected sex with her while suffering from HIV/AIDS.
Roberto Alomar's ex-girlfriend says he had unprotected sex with her while infected with HIV.
Ilya Dall is asking for $15 million for "personal injuries" suffered due to Alomar's negligence. She and her two children lived with the former New York Mets slugger for three years.
She alleges that he started exhibiting signs of HIV as early as 2005, but twice refused recommendations for an HIV test by his doctor, saying that earlier tests for the disease had come back negative, according to court papers.
Alomar's lawyer, Charles Bach, was not available for comment, but attorney Luke Pittoni, who also represents Alomar, said, "We believe this is a totally frivolous lawsuit -- these allegations are baseless, he's healthy and he'd like to keep his health status private. We'll do our talking in court."
Anthony Piancentini, who is representing Dall, said he has "no comment" at this time.
Dall says in court papers that Alomar told her "I don't have HIV." She alleges he "lied and purposefully misrepresented his physical condition" and "that he was endangering the health and well being of [Dall] by continuing to have unprotected sexual relations with [her]," according to the lawsuit.
Court papers list several physical ailments that Dall says Alomar exhibited from early 2005 on, including white spots on his mouth and throat, extreme fatigue, back and vision problems, and shingles.
In early 2006, Alomar submitted to an HIV test that, according to court papers, confirmed he was HIV positive in February 2006. Dall says she went for an HIV test shortly afterward and the results were negative.
The couple visited a disease specialist shortly after Alomar's diagnosis, who found a mass in Alomar's chest and advised the couple that he was suffering from full-blown AIDS, according to the lawsuit. Dall alleges that a few days later, Alomar's skin was turning purple and he was foaming at the mouth; a spinal tap on February 21, 2006, confirmed he had full-blown AIDS, court papers said.
Dall claims in the lawsuit that Alomar's negligence caused her severe "emotional distress" over the health of her children. Court papers say that because the couple lived with the children, they may have been exposed to Alomar's saliva or blood in the bathroom, through things like toothbrushes and other items.
Dall claims to suffer from "permanent emotional distress" even after repeatedly testing negative for HIV. The lawsuit claims her fear of contracting the disease is known as "AIDS phobia" and that she suffers from permanent post-traumatic stress disorder.
Alomar requested Tuesday that the suit be moved to Brooklyn, New York, federal court. It was originally filed in Supreme Court in Queens, New York. An initial conference on the case is expected on April 15 in Brooklyn federal court.
Alomar is the son and brother of major leaguers -- father Sandy Alomar was a second baseman with several teams between 1964 and 1978 and brother Sandy Alomar Jr. is a former catcher who played from 1988 to 2007.
Roberto Alomar retired in 2004 with a .300 lifetime batting average, 12 All-Star game selections and 10 Gold Gloves. He was the All Star Game MVP in 1998 and played on two Toronto Blue Jays World Series champion teams.
Alomar, then playing for the Baltimore Orioles, is also known for an incident in 1996 during a game against the Blue Jays when he spat in the face of umpire John Hirschbeck following a heated argument over a third strike. After the incident, Alomar claimed the umpire uttered a slur to him during the argument.
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