Sheryl Smith v. Andrew Whelan

OPINION

VANASKIE, Circuit Judge.

Sheryl Smith appeals the District Court’s grant of summary judgment in favor of defendant-appellee Andrew McGill Whelan, her former boyfriend, on claims of negligence, fraud, and misrepresentation arising from his transmission of genital herpes (“HSV-2”) to her. The District Court determined that Smith’s suit, brought more than three years after Smith was diagnosed with HSV-2, was barred by the relevant Delaware statutes of limitations. Smith argues that there are genuine disputes of facts material to whether Whelan’s conduct throughout their relationship…