On Thursday, a Georgia jury awarded a family $3 million in the case revolving around a man who died after a heart attack he had while during a threesome.

A lawsuit filed by the family of 31-year-old William Martinez alleged that medical malpractice resulted in his death after a threesome proved too much for his heart to take.

In 2009, Martinez, a police officer with the city of Atlanta Police Department, went to cardiologist Dr. Sreenivasulu Gangasani of the Cardiovascular Group in Lawrenceville with chest pain. After Martinez described the pain, Dr. Gangasani scheduled a heart stress test.

One day before that test however, Martinez died while talking part in a threesome with a woman (not his wife) and another man.

The lawsuit claims Dr. Gangasani did not take proper medical history the day he saw Martinez. Test showed Martinez had high blood pressure and was at high risk for clogged arteries. The lawsuit claims the cardiologist never told Martinez to not exert himself in the days before the test, which was to occur 8 days after the initial appointment.

Martinez’s estate sued for $5 million, but the Gwinnett County jury found Martinez was 40 percent liable for his death and the amount was reduced to $3 million.

It is unclear who would benefit from the money, Martinez’s wife or his two sons, though it may not matter, as the defense has stated it will appeal the verdict and the judgement.