By Douglas Stanglin, USA TODAY
A jury has awarded a Georgia woman $3 million over her husband's heart attack, finding that his doctor should have warned the Atlanta cop against strenuous activity like the three-way sex he was having at the time he died, WXIA-TV reports.
William Martinez, a 31-year-old Atlanta police officer, collapsed and died while he and a male friend were having sex with a woman who was not his wife at an Atlanta airport motel in 2009.
The jury on Friday found that Dr. Sreenivasulu Gangasani and the Cardiovascular Group were 60% to blame for Martinez's death from atheroschlerotic coronary artery disease, agreeing with the plaintiff that the doctor did not properly diagnose and treat Martinez for high blood pressure, chest pains, shortness of breath and irregular heartbeat.
They also charged that Gangasani did not warn Martinez to avoid strenuous physical activity until more tests could be done.
"The type of sex that he was engaged in is the type that's totally unacceptable to our community," said Martinez family attorney Rod Edmond on Friday. "But the fact of the matter is this man could have died running on the treadmill, running after a criminal."
Last week, a Gwinnett County jury agreed, finding Gangasani "negligent." But their verdict form also found William Martinez 40% responsible for his own death.
That shared responsibility reduced the award to his widow from $5 million to $3 million, WXIA-TV reports.
Gangasani's attorney says the doctor intends to appeal the verdict.