Doe v. Johnson

817 F. Supp. 1382 (1993)

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Nature of the Case

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Facts

P alleges that D wrongfully transmitted HIV to her through consensual sexual contact. P claims that D 'was sexually active, having sexual contact and engaging in sexual intercourse with multiple partners.' P claims that D 'knew or should have known' that he had a high risk of becoming infected with the HIV virus because of his 'sexually active, promiscuous lifestyle.' P argues that D should have (1) warned her about his past lifestyle; (2) informed her that he 'may have HIV'; (3) informed her that he did in fact 'have HIV'; (4) not engaged in sexual contact with her; or (5) used a condom or other method to protect her from the HIV virus. D moved to dismiss the complaint.