Statement of Stipulated Facts Sandra Williams is 23 years old and lives at 2122 Brookstone Road in West Hills, Michigan. Sandra graduated from State University in Chesterville, New Columbia in May 1990. Sandra met Gregg Mason on March 15, 1990 at Gregg's bar and restaurant, Mason's, during Sandra's senior year at State University. Sandra and Gregg began dating soon after they met. The night of May 15, 1990, Sandra and Gregg had sexual intercourse. Sandra used a contraceptive gel during the intercourse. Gregg did not use a condom. Sandra had been sexually active with one previous boyfriend. Gregg Mason is 29 years old and lives at 34 Robin Lane in Chesterville, New Columbia. In January of 1990, Gregg began feeling tired often and he experienced many colds which lingered for long periods of time. On March 10, 1990, Gregg visited Dr. Alicia Long who did a complete physical examination of Gregg. On May 15, 1990, Gregg had an HIV blood test done at a health clinic in Chesterville. The test results showed that Gregg was HIV-positive. Gregg has not yet developed full-blown AIDS. On June 27, 1990, Gregg telephoned Sandra and told her that he was HIV-positive. Soon after the phone call, Sandra had a blood test which was ordered by her personal physician, Dr. Jamie Braddock. The test results, received by Sandra on July 14, 1990, showed that Sandra was HIV-positive. Around March of 1992, Sandra was diagnosed as having AIDS. She was forced by illness to stop working on June 10, 1992. Sandra filed this lawsuit on July 2, 1992. No criminal charges of any kind have been brought against any party involved in this matter. Claims & Defenses Sandra is suing Gregg for negligent transmission of HIV. Negligent transmission of HIV is not yet a recognized cause of action in New Columbia, although it has been recognized in several other jurisdictions. Sandra claims that Gregg's negligent actions caused her to contract HIV which has progressed into AIDS. As a result of having AIDS, Sandra is unable to work and, therefore, is unable to support herself or to afford medical treatment. Additionally, Sandra will eventually die as a result of having AIDS and will suffer both emotionally and physically until her death. Gregg claims that it is not his fault that Sandra contracted AIDS. He argues that the HIV virus that caused Sandra's illness must have come from some other source. Even if he is the source of her exposure, he should not be held responsible for her damages since he did not know that he was HIV-positive at the time he and Sandra had sexual intercourse. Furthermore, Sandra assumed the risk of exposure to HIV when she voluntarily engaged in sexual intercourse with Gregg.

Relief Requested Sandra is asking the Court to make a finding of negligent transmission of HIV against Gregg Mason. Sandra is requesting the following damages awards: $44,300 for actual medical expenses (including costs for prescription medications, inpatient and outpatient hospital services, physician office visits and other services); $36,000 for future medical expenses (representing $3,000 per month of estimated expenses for 12 months of remaining estimated life expectancy); $20,000 for actual lost wages (representing $2,000 per month for 10 months of forced unemployment); $1,260,000 for future lost wages (representing an estimated $30,000 per year for an estimated 42 years of lost wage-earning capability); $500,000 for loss of enjoyment of life; and $500,000 for pain and suffering. Gregg is asking the Court to find that there was no negligent transmission of HIV on his part and to deny any damages sought by Sandra. Even if there was a transmission of HIV on his part, Gregg is asking the Court to find that Sandra assumed the risk of exposure. In the event that the Court finds any liability on Gregg's part, Gregg is asking the Court to find that Sandra was also liable, and to reduce or deny her damages in accordance with the extent of her liability.

There will be a "pretrial conference"before thefirst day of trial.Do a motion to address issues that should be brought up at a pretrial hearing, using a "motion in limine".

Do a Motion in Limine to address the following 3 issues: (1) When does the statute of limitations of 2 years start to run in this case and should it be dismissed based on the 2 year deadline? (2) Is there hearsay evidence in this case that should not be admitted ? and (3) Should there be a limitation on the damages asserted by Plaintiff?