Doe v. Roe - Anastasia McCleary(pg 15 SATL B Actions Based on Lack of Care Doe v Roe Court of Appeal of California 267 Cal Rptr 564(Ct App 1990 Facts

Doe v. Roe - Anastasia McCleary(pg 15 SATL B Actions Based...

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Anastasia McCleary (pg. 15 SATL B. Actions Based on Lack of Care Doe v. Roe Court of Appeal of California 267 Cal. Rptr. 564 (Ct. App. 1990) Facts The male had contracted herpes prior to sleeping with girlfriend. He knew about his disease and failed to tell his girlfriend about his prior contraction. The parties had unprotected intercourse with each other and the girlfriend contracted the herpes disease. Procedural History The trial court found that the defendant was negligent in either not disclosing that he was infected with herpes or taking precautions such as the use of a condom, to prevent its transmission. The court found the total damages to the plaintiff to be $200,000, but it reduced that figure by 25 percent to contributory negligence on her part. Issue Whether a reasonable trier of fact could have found the risk of harm foreseeable. Judgement The court found substantial evidence to support the trial court’s finding that there was a duty of
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  • Fall '07
  • Hoener
  • Law, Court of Appeal, herpes disease, B. Actions Based

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