September 11, 1992, Friday
The Recorder

Retiree Claims So. Pacific Disclosed AIDS Status
By Stephen G. Hirsch

A former Southern Pacific Transportation Co. employee with AIDS sued the San Francisco-based company Thursday, claiming an in-house lawyer invaded his privacy and committed malpractice by disclosing his condition.

The plaintiff, identified only as John Doe, retired from a managerial position after 16 years and went on disability last year, according to the San Francisco Superior Court suit.

But earlier this year he was asked to testify in a national origin discrimination case involving one of his former co-workers. Doe's complaint states that Southern Pacific assistant general attorney Barbara Sprung contacted him and said she would be representing him at a deposition.

Doe claims that Sprung told him during an informal consultation that she was aware of his condition and that it would not be an issue in the discrimination case. He claims he indicated at the consultation that he would testify he had been a witness to ethnic slurs made against the discrimination suit plaintiff.

At the deposition, however, Sprung questioned the plaintiff about his condition. According to a transcript of the deposition, a portion of which is attached to the complaint, Sprung asked about the effect of AZT on the plaintiff's memory.

Sprung also questioned the plaintiff about his having been diagnosed with HIV dementia. Doe testified that dementia is short-term memory loss. The deposition concluded with an agreement that Doe's testimony would be kept under seal unless it was needed for trial.

The suit, filed Thursday by Harvey Sohnen of Walnut Creek's Page & Sohnen, alleges that Sprung's questions were designed to impeach Doe's credibility as an adverse witness in the discrimination case. Doe claims that Sprung failed to inform him of her conflict of interest and did not inform him of his option to retain separate counsel.

Doe v. Southern Pacific Transportation Company, 945781, charges Sprung and the company with invasion of privacy, legal malpractice, breach of fiduciary duty, and intentional and negligent infliction of emotional distress.

Sprung did not return a call, but Southern Pacific spokesman Michael Furtney said neither the company nor she would comment on the suit.

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