Ilya Dall, of Queens, is demanding $15 million in punitive damages, according to papers filed Monday in federal court in Brooklyn. The suit claims that Alomar, 41, knew or should have known that he was H.I.V. positive and accused him of “gross and wanton negligence” for repeatedly refusing to undergo testing, even as Dall said he developed several symptoms linked to H.I.V. and AIDS.
31-year-old Llya Dall said she lived with the ex-Oriole for three years and watched in horror as his health worsened. Alomar quit baseball over health issues in 2005. He stirred controversy in 1996 by spitting in the face of the umpire John Hirschbeck. Alomar could not be reached for comment about the lawsuit.
His lawyer would not say whether Alomar is HIV positive, but he did say the lawsuit was frivolous and the allegations are baseless. Dall filed the lawsuit on Tuesday. She is demanding $15 million in punitive damages. Court papers said the couples relationship started in 2002.
Alomar, a career .300 hitter and a 12-time All-Star, began dating Dall in 2002 when he played for the Mets. At the time, Dall was working as a massage therapist. She was never an employee of the team. A friend of Alomar’s, who spoke on condition of anonymity because Alomar had not given him permission to discuss his personal life, said that the couple lived together in a lavish house in the Whitestone section of Queens for about seven years, until they split up in the fall.The friend added that Alomar allowed Dall to stay in the house with her two children from a previous marriage until he recently decided to sell it. Records showed a Queens address for Dall, but it was not apparent whether it was for the house in question.
As the case develops, it could highlight the issue of H.I.V. testing in baseball, which is sometimes a part of the annual physicals that all players undergo. According to the suit, the first suggestion of H.I.V. came in 2005. The suit contended that, in 2006, Alomar was found to have full-blown AIDS.
H.I.V. testing has been a part of any insured contract in baseball for at least a decade. It is unclear whether Alomar’s contracts were insured.
The couple broke up in October. The lawsuit alleges a month after dating Alomar convinced Dall to have unprotected sex and said he was disease free. Dall claims Alomar tested positive and caused her emotional distress and exposed her three children to the virus.
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