Unformatted text preview: transmit the disease unless there was a visible lesions. Issues: a. substantive issue: (i)Foreseeability (ii)because the asymptomatic transmittal of herpes was foreseeable, defendant was negligent. b. procedural issue: he is claiming that he did not know that he could asymptomatically transmit the disease and that there was no knowing that in 1984. Disposition: Affirmed Holding: States policy in preventing the spread of STDs is great and there was knowledge available for the defendant to have learned prior to intercourse. Rule of Law or Legal Principle Applied: Foreseeable harm. Reasoning: Because there was available knowledge and foreseeable harm, the defendant is liable by negligence. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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- Fall '09
- Law, Richard Roe, negligent transmittal, Roe/Defendant/Appellant/ Boyfriend Jane, Justice Smith Facts