Elizabeth L. Overberg v. Larry Lusby

In this diversity personal injury action, plaintiff, Elizabeth Overberg, appeals from a grant of summary judgment to the defendant, Larry Lusby. 727 F.Supp. 1091 (E.D. Ky.1990). Overberg claimed that during her marriage to Lusby, he intentionally or negligently transmitted to her a sexual disease — condyloma—which resulted in her having to undergo a hysterectomy. Lus-by’s motion for summary judgment was predicated upon a release executed by Ov-erberg as part of the separation agreement, which was incorporated into their divorce decree.

Upon review of the record, we conclude that Judge…