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Holy. S$#!.

dgwphotography Feb 11 2009 04:22 AM

http://www.nydailynews.com/gossip/2009/ ... omar_.html ]$15M Lawsuit claims ex-Met Roberto Alomar had sex knowing he had AIDS BY John Marzulli and Tracy Connor DAILY NEWS STAFF WRITERS Wednesday, February 11th 2009, 12:12 AM Seems like a long time now since Robert Alomar's days with the Mets. He's now making headlines for a surprising lawsuit. Simmon/News Seems like a long time now since Robert Alomar's days with the Mets. Baseball great Roberto Alomar has full-blown AIDS but insisted on having unprotected sex, his ex-girlfriend charged Tuesday in a bombshell lawsuit. The shocking claim was leveled by Ilya Dall, 31, who said she lived with the ex-Met for three years and watched in horror as his health worsened. In papers filed in state and federal court, Dall said Alomar finally got tested in January 2006 while suffering from a cough, fatigue and shingles. "The test results of him being HIV-positive was given to him and the plaintiff on or about Feb.6, 2006," the $15 million negligence suit says. Nine days later, the couple went to see a disease specialist who discovered a mass in the retired second baseman's chest, the court papers say. Alomar's skin had turned purple, he was foaming at the mouth and a spinal tap "showed he had full-blown AIDS," the suit says. Alomar, 41, who quit baseball over health issues in 2005, could not be reached for comment. His lawyer, Charles Bach, would not say whether Alomar is HIV-positive. "We believe this is a totally frivolous lawsuit. These allegations are baseless," Bach said. "He's healthy and would like to keep his health status private. We'll do our talking in court." Alomar's father, Mets bench coach Sandy Alomar, said the claims were news to him. "That's the first time we ever heard of that," he said from Puerto Rico. He didn't think his son could keep a serious illness secret. "I imagine I would know," he said. Dall, a mother of two who has run a massage spa in Queens, would not discuss the suit. "I have no comment," she said outside her lavish home in Whitestone, Queens, after getting out of a black Cadillac Escalade. She referred inquiries to her lawyer, Anthony Piacentini, who declined to comment. The suit was filed Jan. 30 in Queens Supreme Court. Alomar had it transferred to Brooklyn Federal Court Tuesday. The court papers outline the couple's relationship, starting in 2002. A month after they began dating, Alomar convinced Dall to have unprotected sex and assured her he was disease-free, the suit alleges. In 2004, Dall says she noticed cold sores in his mouth. In 2005, after a physical exam ordered by the Tampa Bay Rays, he was diagnosed with thrombocytopenia purpura, a blood disorder sometimes linked to HIV, she claims. The doctor told him to have an HIV test and he refused, she says, stating he had been tested and was AIDS-free. In April 2005, Alomar told Dall he was suffering from erectile dysfunction and confided "he was raped by two Mexican men after playing a ballgame in New Mexico or a Southwestern state when he was 17," the suit says. It goes on to say that around the same time Alomar developed a persistent cough and was bedridden with extreme fatigue. He developed thrush, a yeast infection, and was told by a doctor to take an HIV test - but refused, Dall claims. "I don't have HIV," he told her repeatedly, the suit charges. A few months later, the couple moved to Cleveland, where Alomar supposedly tested positive. Dall claims that after she learned Alomar had AIDS, she tested negative and no longer had unprotected sex with him. They broke up last October. She is demanding at least $15 million in punitive damages, claiming Alomar caused her emotional distress and exposed her children to the virus. "He jeopardized the health, well-being and life of the plaintiff, which caused her to have a fear of contracting AIDS, often referred to as AIDS phobia," the suit says. Considered one of baseball's greatest second basemen, Alomar stirred controversy in 1996 by spitting in the face of umpire John Hirschbeck. The incident prompted fellow ump Al Clark to say, "If I were John, I'd insist that Robbie Alomar take an AIDS test." HIV has never been transmitted through saliva, however, and last night Hirschbeck said he had no concerns about his safety - or hard feelings from their on-field run-in. "You're telling me something I'm shocked at," Hirschbeck said. "I wish him nothing but the best."

John Cougar Lunchbucket Feb 11 2009 04:43 AM

My god. Best wishes to Robby.

Nymr83 Feb 11 2009 04:59 AM

="John Cougar Lunchbucket":34jzt8xm]My god. Best wishes to Robby.[/quote:34jzt8xm] If the girl's allegations are true, he should be brought up on criminal charges. John Cougar Lunchbucket Feb 11 2009 05:07 AM Right. Send him to Gitmo even. What a criminal. Nymr83 Feb 11 2009 05:26 AM You don't agree that it is criminal to lie to your sexual partner about a lethal disease that they are risking contracting by sleeping with you? Its one thing if you didn't know you had it, even if that lack of knowledge resulted from negligence, but to have sex with the girl without warning her when you know you've tested positive is criminal. But hey don't take my word for it... [url]http://www.avert.org/criminal-transmission.htm[/url] ]As of 2008, 36 states in America criminalized the transmission or exposure of HIV, with many having laws specifically mentioning HIV. Some states punish those convicted of offences such as prostitution or rape more severely if the person knows they have HIV. Spitting or emitting HIV-infected bodily fluids at another person while in prison is also an offence in some states. A sample of the laws are below:26 Edgy DC Feb 11 2009 05:29 AM Christ, Namor. Put down the handcuffs and realize this is a tragedy no matter how it shakes out. themetfairy Feb 11 2009 05:46 AM Edited 1 time(s), most recently on Feb 11 2009 05:49 AM If he indeed has full-blown AIDS, then I wish him the best - that's not a disease one would wish on anyone. The article details that the couple had unprotected sex prior to this diagnosis. Should he have had further testing at an earlier stage? Probably. On the other hand, she was having unprotected sex with him despite his persistent symptoms, which isn't the brightest idea in the world either. But the article says that the couple did not have unprotected sex after the diagnosis, so it doesn't appear that this involves criminal activity. John Cougar Lunchbucket Feb 11 2009 05:47 AM ="Nymr83"]You don't agree that it is criminal to lie to your sexual partner about a lethal disease that they are risking contracting by sleeping with you? Its one thing if you didn't know you had it, even if that lack of knowledge resulted from negligence, but to have sex with the girl without warning her when you know you've tested positive is criminal. But hey don't take my word for it... [url]http://www.avert.org/criminal-transmission.htm[/url] ]As of 2008, 36 states in America criminalized the transmission or exposure of HIV, with many having laws specifically mentioning HIV. Some states punish those convicted of offences such as prostitution or rape more severely if the person knows they have HIV. Spitting or emitting HIV-infected bodily fluids at another person while in prison is also an offence in some states. A sample of the laws are below:26 Thanks for the legal lesson, Atticus. Now move on to reading comprehension. According to that article the chick isn't suing for infecting her --- she's disease free in fact -- but for $15 million in stress. It also seems to indicate he didn't show symptoms until 2 years after she started shtupping him. Either way, that your takeway from this story is that Alomar oughta be locked up is fucking sad. metirish Feb 11 2009 06:34 AM Best wishes to Alomar , more is sure to come out here on this story. His dad claims this is all news to him. Not surprised by Nymr83's reaction. soupcan Feb 11 2009 07:19 AM Edited 1 time(s), most recently on Feb 11 2009 07:19 AM Horrible story all-around. Assuming her story is true though and that my reading comprehension isn't as poor as I think it might be, how valid is Alomar's contention that IF he had AIDS it was a result of being raped by two men at age 17? Wouldn't subsequent medical tests administered by various teams over the course of his carrer have picked up HIV? Nymr83 Feb 11 2009 07:19 AM ]Now move on to reading comprehension apparently it is you who needs reading lessons, "exposure" does not require that the victim be actually infected. ] It also seems to indicate he didn't show symptoms until 2 years after she started shtupping him. when he started showing symptoms isnt relevant, whats relevant is when he learned he was positive and what he did or didn't do afterwards. metirish Feb 11 2009 07:27 AM ="soupcan":3kmruy73]Horrible story all-around. Assuming her story is true though and that my reading comprehension isn't as poor as I think it might be, how valid is Alomar's contention that IF he had AIDS it was a result of being raped by two men at age 17? Wouldn't subsequent medical tests administered by various teams over the course of his carrer have picked up HIV?[/quote:3kmruy73] The ex is the one saying that about the rape , or that' what she claims he told her , if the rape claim is true and Alomar didn't get tested in subsequent years then that is rather sad and irresponsible of him. metsmarathon Feb 11 2009 07:32 AM BEFORE learning he was HIV-positive, they had unprotected sex. AFTER learning he was HIV-positive, they did not have unprotected sex. am i reading the same article? seawolf17 Feb 11 2009 07:34 AM ="metsmarathon":15hmqqt2]BEFORE learning he was HIV-positive, they had unprotected sex. AFTER learning he was HIV-positive, they did not have unprotected sex. am i reading the same article?[/quote:15hmqqt2] That's what I read also. She's suing for distress -- not that she doesn't have the right to be distressed, but I would think she has to prove that he knew he had HIV before having unprotected sex with her, and the article doesn't say that. Sucks for Roberto. soupcan Feb 11 2009 07:38 AM Maybe its a blackmail thing and he chose not to pay her so she puts this out there under the guise of suing him? Benjamin Grimm Feb 11 2009 07:41 AM If she found out about the HIV (or AIDS) when <i>he</i> did then she's responsible for any decisions she made about any kind of contact with his bodily fluids. This seems less about a health concern than about a way to drag her ex-boyfriend through the mud after an (I assume) ugly breakup. Of course, we still don't know if Alomar has HIV, or anything at all, although my hunch is he probably does. If not, there would be little point in launching such a lawsuit. Alomar could easily quash it by taking a test and providing the results to the court. I have to wonder if the sudden decline in production that Alomar experienced in 2002 may have had something to do with illness. (Or age, of course, or "the pressure of playing in New York.") John Cougar Lunchbucket Feb 11 2009 07:46 AM Well, it's clear that "New York" wasn't the cause of his decline since he played in other cities since and wasn't any good in those places either. I mean, it seems obvious he wasn't where he used to be physically when he got here, although had this thing not come up I would have sooner guessed steroid withdrawl or old age before AIDS. But yeah, obviously the chick is interested in $15 million more than anything. metsguyinmichigan Feb 11 2009 07:48 AM Always lots of rumors that Alomar was gay. Supposedly he spit at the umpire because he made a homophobic slur. Nymr83 Feb 11 2009 07:49 AM ="metsguyinmichigan":2qftspnl]Always lots of rumors that Alomar was gay. Supposedly he spit at the umpire because he made a homophobic slur.[/quote:2qftspnl] which has what to do with anything here? metirish Feb 11 2009 07:50 AM I can't ever remember rumors that he was gay. HahnSolo Feb 11 2009 07:58 AM All this time I thought he was happily pillowing Mary Pierce. Benjamin Grimm Feb 11 2009 07:59 AM That kind of rings a bell with me. (The gay Alomar rumors.) John Cougar Lunchbucket Feb 11 2009 08:01 AM I did my part spreading those rumors after hearing my/his former drycleaner talk about how Alomar was obsessively particular about he preferred his shirts to be folded. Anyway, this and that are two different things. MFS62 Feb 11 2009 08:07 AM I wish him well. Later Edgy DC Feb 11 2009 08:08 AM I'm trying to zoom in on the alleged rape. The record shows him playing in the SALlie League at 17 and the California League at 18. The California League, as far as I can tell, sticks to the Golden State and doesn't wind out to New Mexico, or even Arizona, though maybe it did in 1986. Nymr83 Feb 11 2009 08:14 AM ="Edgy DC":1zt4k77z]I'm trying to zoom in on the alleged rape. The record shows him playing in the SALlie League at 17 and the California League at 18. The California League, as far as I can tell, sticks to the Golden State and doesn't wind out to New Mexico, or even Arizona, though maybe it did in 1986.[/quote:1zt4k77z] Reno, NV had a team from 1955 to 1992 (or so says wikipedia) soupcan Feb 11 2009 08:19 AM ="Nymr83":328ycyjo] ="metsguyinmichigan":328ycyjo]Always lots of rumors that Alomar was gay. Supposedly he spit at the umpire because he made a homophobic slur.[/quote:328ycyjo] which has what to do with anything here?[/quote:328ycyjo] AIDS. Gay. There's relevance. Met Hunter Feb 11 2009 08:19 AM I have to say, I'm surprised by this story, but not shocked. The rumors of Robbie's sexual orientation have been around for years. I always felt that Piazza took some hits for Robbie back in the 'there's a gay Met' days. Hirschbeck did in fact call Alomar a name (faggot) that infuriated Roberto. A couple years ago, I attended an autograph show that both Sandys were at and we saw Roberto in the lobby. He looked like hell and we thought he was dying. We were told that he recently had surgery and was a litle under the weather. Either way, this is a sad story. If he indeed is infected, knew about it, and convinced his girl to have sexual relations with him, that is irresposible and criminal. Despite that, I hope for the best to the entire Alomar clan. A great baseball family. soupcan Feb 11 2009 08:22 AM ="Benjamin Grimm"]That kind of rings a bell with me. (The gay Alomar rumors.) There was some article making the rounds written by a gay writer who said he had an affair with a 'prominent baseball player with an east coast team'. At the time I think that many people assumed he was talking about Piazza but there were also whispers that it could have been Malomar. We used to joke here that Mary Pierce was a bad choice for a beard for Robbie because she looked more like a man than he did.. MFS62 Feb 11 2009 08:25 AM Yiles! No wonder she was fronting for Virgin. Who would want to .... ? Later Edgy DC Feb 11 2009 08:28 AM She gets a tough rap. A funky nose, but she had a wonderful athletic build, even by tennis player standards. Centerfield Feb 11 2009 08:31 AM I have confirmed with four different sources that Mary Pierce is one of the unnamed 103. Nymr83 Feb 11 2009 08:38 AM ="soupcan":1r1auihp] ="Nymr83":1r1auihp] ="metsguyinmichigan":1r1auihp]Always lots of rumors that Alomar was gay. Supposedly he spit at the umpire because he made a homophobic slur.[/quote:1r1auihp] which has what to do with anything here?[/quote:1r1auihp] AIDS. Gay. There's relevance.[/quote:1r1auihp] You can catch AIDS by having normal heterosexual sex. You can also be raped by men even if you yourself are not gay, I still fail to see the relevance. metsguyinmichigan Feb 11 2009 08:44 AM ="soupcan":1hl6exl4] ="Nymr83":1hl6exl4] ="metsguyinmichigan":1hl6exl4]Always lots of rumors that Alomar was gay. Supposedly he spit at the umpire because he made a homophobic slur.[/quote:1hl6exl4] which has what to do with anything here?[/quote:1hl6exl4] AIDS. Gay. There's relevance.[/quote:1hl6exl4] Well, the point was that if he was saying he got the disease because he was raped by two men in Mexico, that might not be entirely true. But certainly there are multiple ways to get AIDS, and I wasn't casting any dispersions on him because he might be gay. Just saying the rape thing seemed odd, as did the refusals to be tested over the years. soupcan Feb 11 2009 09:00 AM Of course you can 'catch' AIDS in ways that have nothing to do with homosexual sex. The fact remains however that it originated as a disease specific to the homosexual community and rightly or wrongly, still remains something that many people consider a 'gay desease'. The rumor that Alomar is gay combined with the rumor that he has AIDS makes the statement valid. Fman99 Feb 11 2009 09:13 AM ="soupcan"] ="Benjamin Grimm"]That kind of rings a bell with me. (The gay Alomar rumors.) There was some article making the rounds written by a gay writer who said he had an affair with a 'prominent baseball player with an east coast team'. At the time I think that many people assumed he was talking about Piazza but there were also whispers that it could have been Malomar. We used to joke here that Mary Pierce was a bad choice for a beard for Robbie because she looked more like a man than he did.. Wow I can't believe Robby Alomar had sex with Geddy Lee. Benjamin Grimm Feb 11 2009 09:17 AM You know, millionaire professional athletes have trouble getting the prettiest of women, and often have to settle for those who look like Willie Nelson. Edgy DC Feb 11 2009 09:26 AM Cruel room. Vic Sage Feb 11 2009 10:00 AM my observations: 1) saying someone has AIDS could be actionable, unless it were true, so it is unlikely the woman would make this accusation without some good faith basis to believe it to be true; 2) The gay rumors (which i recall) and his sudden and precipitous drop in performance add further credibility to the claim and therefore are relevent issues to raise without pretending otherwise, or implying veiled innuendo of homophobia for having done so, 3) There doesn't seem to be an allegation that Alomar knew (or even that he necessarily should have known) that he had AIDS at the time they were having unprotected sex, so there is no criminal liability (or moral culpability); 4) this is tragic all the way around; and 5) Namor's perspective does not surprise me in the least. John Cougar Lunchbucket Feb 11 2009 10:01 AM View the suit: [url:xutp2sq2]http://www.thesmokinggun.com/archive/years/2009/0211091alomar1.html[/url:xutp2sq2] metirish Feb 11 2009 10:08 AM 12 pages..... Not sure if it was last season or the one before that Alomar was shown in the stands at Shea watching a game , looked pretty good then , may have been Father's Day IIRC. Nymr83 Feb 11 2009 10:16 AM I always thought "Ilya" was a guy's name, at least the one Ilya I know is, unless I'm spelling his name wrong? ]There doesn't seem to be an allegation that Alomar knew (or even that he necessarily should have known) that he had AIDS at the time they were having unprotected sex, so there is no criminal liability (or moral culpability); #29-34 on the first cause of action seems to allege just that, even if it isn't true it is certainly being alleged. HahnSolo Feb 11 2009 10:24 AM ="metirish":z7miuiq4]12 pages..... Not sure if it was last season or the one before that Alomar was shown in the stands at Shea watching a game , looked pretty good then , may have been Father's Day IIRC.[/quote:z7miuiq4] I believe so. I think he, his dad and brother took the Shea countdown number down on Fathers Day. I didn't see him that day. Vic Sage Feb 11 2009 10:51 AM there is no evidence that he knew he was positive until 1/06, and the complaint doesn't allege any. That he SHOULD have known before then, based on his various symptoms, is a matter of conjecture, and not the basis of "criminal" conduct. It might rise to tortious conduct, if her allegations are proven true, and though sections 29-34 of the complaint are worded broadly (as such complaints generally are), they clearly are about what he SHOULD have known. Of course, during all this time HE should have known, shouldn't she have? Why would she continue to have unprotected sex with someone whose symptoms she alleges were so obvious that ignoring or denying them rose to the level of negligence (civil, much less criminal negligence!). Wasn't she contributorily negligent? Oh the other hand, if he actually told her that he'd been tested on the numerous times that she alleges, and always told her he had tested negative, that's fraudulant behavior. Still, in most jurisdictions "emotional distress" needs at least some element of physical damage to be actionable, and certainly so for a criminal prosecution. She doesn't claim any battery, and as long as she tests negative, neither she nor any state may have a claim against him for what he might have or should have known. But certainly, if her allegations are true, there is moral culpability here. Edgy DC Feb 11 2009 11:05 AM Possiblities also exist that (1) he honestly had been tested, and received a false negative, and (2) had honestly been tested, and received an accurate negative, but contracted the disease subsequently. LeiterWagnerFasterStrongr Feb 11 2009 02:20 PM A suit for distress several years after the supposed diagnosis... and after she continued to cohabitate (and, presumably, perform girlfriend-ly duties) with the guy for 3-plus years after THAT? I'm guessing that he's not a fantastic breaker-upper. metirish Feb 11 2009 06:05 PM My wife tells me that of course this is shocking news in Puerto Rico , anyway Robbie's current squeeze is a TV personality and model and she has been all over TV over there today talking about how all of this is false and that in due course all will be reveled , she did say that the ex told Alomar that when they broke up she was going to ruin him.Current GF also claims that Robbie is in good health. Edgy DC Feb 11 2009 06:16 PM I hope that's true. Good health doesn't necessarily mean virus-free, but it's good to have a woman stand by you when another is airing you out. metirish Feb 11 2009 06:22 PM More news , that picture is recent because they have been dating for only six months , current girl is the object of much scorn and ridicule in Puerto Rico , she is known for being an air head...also known as "dark cloud" as a BF from a few years ago killed himself and a guy she dated last year got cancer.....crazy stuff. Edgy DC Feb 11 2009 06:27 PM La Nube Oscura. Ouch. Frayed Knot Feb 11 2009 07:03 PM Robbie will be part of next year's 1st timers club for HoF consideration. Fman99 Feb 11 2009 07:56 PM ="metirish"]My wife tells me that of course this is shocking news in Puerto Rico , anyway Robbie's current squeeze is a TV personality and model and she has been all over TV over there today talking about how all of this is false and that in due course all will be reveled , she did say that the ex told Alomar that when they broke up she was going to ruin him.Current GF also claims that Robbie is in good health. I'd shake that shack. soupcan Feb 11 2009 08:37 PM I dunno - he don't look so good to me.. Of course I'm looking at him thinking he's got full-blown AIDS and he's trying to hide it but doesn't he look a little gaunt? He looks older than a 41 year-old former professional athlete should and he was always a pretty youthful looking guy. SteveJRogers Feb 11 2009 09:11 PM Shots of him getting inducted into the Blue Jays' Level of Excellence (they don't retire numbers) last spring Edgy DC Feb 11 2009 09:39 PM ="<i>The New York Times</i>":gev7takj]After he joined the mediocre Mets in 2002, Alomar’s play took a sharp turn for the worse.[/quote:gev7takj] Hey, paper of record, easy on the editorializing. That's not a blog you're writing. metirish Feb 19 2009 08:32 AM Edited 1 time(s), most recently on Feb 19 2009 08:44 AM Nothing new in this case , some pictures here of Alomar's GF... [url=http://homerderby.com/archives/3646:2ob5iosb]Be careful Opening These At Work[/url:2ob5iosb] scroll down John Cougar Lunchbucket Feb 19 2009 08:35 AM Looks like she's smuggling a few batting helmets in her top. metirish Feb 26 2009 07:03 PM Update if anyone is interested......Gisselle a famous Puerto Rican Merengue singer and ex squeeze of Alomar's felt compelled to take a HIV test and go public with the results today because of a smear campaign down there in the gossip pages....she tested negative. Also his current GF holds daily news briefs on Robbie and has taken to calling him her husband....my wife tells me this girl is really a hate figure down there and it's worse now because she is seen to be using Alomar for her own publicity. I didn't appreciate how highly thought of the Alomar family are in Puerto Rico and it's a circus there right now. TransMonk May 06 2009 01:00 PM That's settled: http://www.nydailynews.com/gossip/2009/ ... l_pal.html Ex-Met Roberto Alomar settles suit with former gal pal in AIDS lawsuit BY John Marzulli DAILY NEWS STAFF WRITER Wednesday, May 6th 2009, 4:00 AM The ex-girlfriend of Roberto Alomar has settled her lawsuit that accused the former Mets' second baseman of being stricken with full-blown AIDS and having unprotected sex with her, according to court records. No terms of the settlement was disclosed. Ilya Dall, 31, had alleged that Alomar had been in declining health for years, but insisted he was disease-free before testing positive for AIDS in February 2006, according to the suit filed in Brooklyn Federal Court. She sought $15 million in damages. The couple had been dating since 2002 and broke up last October. Dall claimed in the suit that Alomar had told her he was suffering from erectile dysfunction and had been "raped by two Mexican men" when he was 17. Asked if she regretted the public disclosure of intimate details of Alomar's health, Dall told the Daily News: "I'm sorry, but I have no comment." Alomar's lawyer would not comment on whether the baseball legend had AIDS. "He's healthy and he looks great," said Charles Bach. "The matter is over. The plaintiff [Dall] has withdrawn her complaint." As part of the settlement, Dall agreed not to file any future lawsuit against Alomar. Dall's suit originally filed in Queens Supreme Court in January, was transferred to federal court at Alomar's request because they live in different states - he in Florida and Dall in Whitestone, Queens. Dall's lawyer, Robert Sullivan, also declined to comment on the settlement. jmarzulli@nydailynews.com metirish May 06 2009 01:06 PM My wife was telling me last night that Robbies current GF who also serves as his spokesperson in PR has been all over TV there boasting that they are getting married and showing off a ring that she says cost $300K . This information was blurted out during a press conference yesterday to announce the settlement. Benjamin Grimm May 06 2009 01:16 PM Of course, this settlement doesn't settle the issue of Alomar's health. It just got the plaintiff to agree to shut up. He's still just as HIV positive, or not, as he was before today. So that issue remains up in the air. LeiterWagnerFasterStrongr May 06 2009 03:18 PM ="metirish"]My wife was telling me last night that Robbies current GF who also serves as his spokesperson in PR has been all over TV there boasting that they are getting married and showing off a ring that she says cost $300K . This information was blurted out during a press conference yesterday to announce the settlement. This GF... is she actually made of plastic, or does she just seem as if she must be?