The man at the center of a love triangle turned-to-lawsuit over the alleged revelation of a woman's sexually transmitted disease could become a party to the suit.
Madison County Circuit Judge William Mudge has given the parties in the case 10 days to submit briefs on a move to add John Doe as a party to the suit brought by Jane Doe against Maureen Sackmann and Quest Diagnostics Inc., via a third party complaint Sackmann asks to file.
The judge denied a motion to dismiss the case filed by Sackmann.
Sackmann asked for leave to file the third party complaint last month.
Jane Doe is seeking damages in excess of $350,000 and costs.
Jane Doe claims in her 2010 complaint that Sackmann, a Quest employee, had been dating John Doe at the same time Jane Doe was involved with him.
Jane Doe alleges Sackmann revealed her positive herpes test results to John Doe.
Jane Doe claims to have suffered emotional distress and other damages as a result of the revelation.
She is suing Quest as Sackmann's employer.
Sackmann and Quest deny the allegations.
In her Feb. 16 move to file the third party complaint against John Doe, Sackmann alleges that Jane Doe told her about the plaintiff's herpes status.
She claims that phone calls between the two women led to John Doe's involvement with both coming to light.
Sackmann claims that she was unaware that Jane Doe used her employer's facilities for herpes testing.
Quest eventually fired Sackmann, according to her February motion, and she found work at another healthcare outlet.
Due to coverage of the suit, that employer, CHC Wellness, terminated Sackmann's employment in November 2010, she claims, and she has been unable to find work since.
Sackmann is seeking to sue John Doe for defamation of character, civil conspiracy, and intentional infliction of emotional distress, negligence and interference with prospective economic advantage.
If the complaint is allowed, she would seek damages in excess of $50,000 per count, attorney's fees, punitive damages and other relief.
Mudge also found some documents related to Sackmann's employment at Quest Diagnostics irrelevant and ordered Quest to produce others including performance reviews and disciplinary warnings.
Those documents were filed under seal pursuant to a protective order mandating confidentiality in the suit.
A protective order has been in place in the suit since last year.
Doe requested it due to media coverage of the case by The Madison County Record and others.
Emily Johnson represents Jane Doe.
Michael Schwade represents Sackmann.
L. Allison McKeel represents Quest.
According to Mudge's March 15 order attorney Andrew Carruthers has indicated he is authorized to accept service related to the John Doe matter.
The case is Madison case number 10-L-101.