The family of a Georgia man who died when his heart couldn’t take a three-way sex romp was awarded a hefty $3 million payout by a jury, according to reports.
William Martinez’s estate was originally seeking $5 million in a medical malpractice case that claimed a cardiologist failed to warn the 31-year-old to stay away from physical activity. While Gwinnett County jurors sided with the family Tuesday, they agreed to a lesser amount after finding Martinez was 40% liable for his own death, the Atlanta Journal-Constitution reported Wednesday.
Martinez, a husband and father of two, was engaged in a threesome with a friend and another woman who was not his wife, according to the newspaper. He died March 12, 2009.
The week before, Martinez reportedly went to the CardioVascular Group in Lawrenceville, Ga., complaining of chest pains that shot up his arm, said CBS affiliate WAOK in Atlanta.
A test was scheduled for eight days later, but the day before the test he decided to engage in the extramarital hanky panky, according to reports.
His attorneys argued that attending cardiologist Dr. Sreeni Gangasani neglected to tell Martinez to refrain from getting too physical — presumably including any sexual activity — before the test was performed.
Martinez’s legal team said he had high blood pressure and his heart was at risk of having clogged arteries, The Journal-Constitution reported.
Attorneys at Edmond & Lindsay in Atlanta couldn’t be reached for comment Wednesday, The Journal-Constitution said, and it was unclear whether Martinez’s wife or his two sons would be benefitting financially from the judgment.
The trial began last Monday in state civil court.
An attorney for Gangasani told The Journal-Constitution, “We’re definitely going to appeal the verdict and the judgment.”