Kris Humphries is formally asking a judge for a continuance in his upcoming sexual battery lawsuit trial after Kayla Goldberg recently admitted during a deposition that she had no proof the basketball star gave her herpes, RadarOnline.com is reporting.
Goldberg claimed in the lawsuit that she was “free of any venereal diseases at the time she commenced her intimate relationship with Kris Humphries," but then “developed symptoms of herpes about or around four to five days after the first sexual encounter with Humphries.”
Earlier this year, he even submitted to a blood test in the hopes of derailing the lawsuit, as RadarOnline.com reported.
According to court documents filed by Humphries' lawyers, "Kayla Goldberg admitted (among other things) that she has no evidence (1) Kris Humphries even has the herpes virus; (2) that Defendant knew or had any reason to believe he was infected with herpes at the time of sexual contact; (3) that Defendant was the cause of her herpes infection (as opposed to any of her past sexual partners."
Team Humphries is asking a judge to grant a summary judgment motion in their favor, which would avoid a court trial, and believe they have the grounds to ask for it because of the lack of evidence he gave the one night stand STD.
A continuance of the trial date is being sought by Humphries, which had been scheduled for Feb. 24, and Judge Rafael Ongeko will determine on Feb. 4 if a delay will be granted.