By msnbc.com staff
The estate of a Georgia man who died during three-way sex with a friend and a woman who wasn?t his wife was awarded $3 million in a medical malpractice suit, his lawyers said.
A Gwinnett County jury determined Tuesday there were $5 million in damages, but because it found William Martinez of Lawrenceville was 40 percent liable for his death on March 12, 2009,?the award was reduced, the lawyers?from Edmond and Lindsay of Atlanta said.
The jury agreed that cardiologist Sreenivasulu Gangasani of CardioVascular Group in Lawrenceville failed to warn Martinez to stop all physical activity?in the week between the time Martinez came to see him with complaints about chest pains radiating into his arm and a heart stress test?-- scheduled?the day after the patient died.
Cheating guys more likely to die of a heart attack
"Our case was strong on the medicine, but the case was particularly challenging and unusual due to some extraordinary and sensational facts surrounding the victim?s death,? said attorney?Rod Edmond, who is also a medical doctor,?in a prepared statement.?
"We?re definitely going to appeal the verdict and the judgment," attorney Gary Lovell Jr., who represented Gangasani and CardioVascular Group, told the Atlanta Journal-Constitution.
It was unclear if the money would go to Martinez's?his wife and two sons.
Msnbc.com's Jim Gold contributed to this article. Follow him on Facbeook here.
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