Mussivand v. David

544 N.E.2d 265 (1989)

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Nature of the Case

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Facts

P claims that an alleged sexual liaison D had with P's wife infected him with a venereal disease. P's wife got the disease from D and P then contracted it from his wife. P claims that D was negligent in failing to notify P's wife that he was at risk in passing the disease to her. P also stated that D falsely represented to P that D and P's wife had not had sexual relations and that relying on such misrepresentation, he engaged in sexual relations with his wife. D moved to dismiss in that he owed no duty to P. The court of common pleas granted D's motion to dismiss. This appeal resulted.