A Washington man who discovered that he was sharing his mistress with his wife filed suit against the bi-sexual paramour, Dr. Vivian Blanco, and her employer, Group Health Cooperative. Blanco was employed by Mr. and Mrs. Prestrud to provide in-home hospice care to Mrs. Prestrud’s dying mother.

Mr. Prestrud’s complaint against Dr. Blanco included claims “for medical malpractice, abuse of a vulnerable adult and negligent supervision.” His negligent supervision claim (you can read more about all of his claims in “Man Sues Bi-Sexual Mistress Also Sleeping With His Wife” on page 16 of the Summer 2006 edition of Lesbian/Gay Law Notes) is my favorite:

Mr. Prestrud’s claim of negligent supervision was based on Group Health supervisors’ knowledge that Blanco was a “practicing lesbian.” Therefore, according to Mr. Prestrud, Dr. Blanco’s lesbianism “is an increased-risk [sic] factor for transgression and personality disorders.”

The Washington Court of Appeals affirmed the lower court’s dismissal of Mr. Prestrud’s case.

Concluding that Mr. Prestrud’s arguments failed to make out a prima facie case for any of his claims, the Court of Appeals affirmed the lower court’s summary judgment order. It should be noted that Mr. Prestrud is an attorney and he represented himself in this matter. This may explain why his complaint was so concentrated on his wife’s infidelity with another woman, which clearly has no bearing on tort claims affecting Mr. Prestrud.

Could there be a better time to say, “a lawyer representing himself has a fool for a client?” (Not that representing himself is the only thing that qualifies Mr. Prestrud as a fool.)

More on Prestrud v. Blanco at FindLaw.

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