Doe v. Johnson
817 F.Supp. 1382 (W.D. Mich. 1993)
Facts: Johnson transmitted HIV to Jane Doe through consensual sexual contact. He didn't warn her that he might have it or use a condom.
Procedure: Considering a motion to dismiss at the trial level.
Issue: Was it a battery?
Holding: Yes.
Reasoning: One who knows he has a venereal disease and knows his partner doesn't know, commits a tort by having intercourse, consensual or not.
Subscribe to:
Post Comments (Atom)
3 comments:
Why'd you drop out of lawschool?
To be an archaeologist :)
Wow, this is a great article. I didn't know something could be done when it comes to giving HIV.
I enjoyed reading this almost as much as Hamer v. Sidway.
Thanks again!
Post a Comment