Kohl v. Kohl

149 So.3d 127 (2014)

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Nature of the Case

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Facts

F filed a petition in the circuit court, seeking to dissolve her marriage with M and to extract damages 'for assault by way of the transmission of the' human papillomavirus. Upon M' motion, the trial court severed the second count permitting entry of an amended final judgment of dissolution of marriage. F's second amended complaint attempted to state a cause of action for negligent transmission of a sexually transmissible disease, specifically HPV. F claimed that M failed to warn the former her during their marriage that he had HPV. F claimed that M had constructive knowledge that he had the virus. M is alleged to have 'engaged in extra-marital affairs and hired multiple prostitutes and escorts during the course of their marriage.' F asserted that M 'knew or should have known he was exposed to HPV. There were no allegations that M had been diagnosed with HPV or that he had experienced symptoms of the disease. F alleged that M 'had a duty of reasonable care . . . either to warn her or take other precautions to prevent the spread and by failing to issue such a warning, M breached this duty and, in turn, proximately caused F to contract HPV. M moved to dismiss in that a civil cause of action for negligent transmission of a sexually transmissible disease is cognizable by statute only where the party had actual knowledge of the infection and had been informed that said disease could be communicated through sexual intercourse. The complaint was dismissed and F appealed.