Doe v. Roe
California Court of Appeal
267 Cal. Rptr. 564 (1990)
Relevant factsFree
Richard Roe (defendant) began dating Jane Doe (plaintiff) after assuring her he had no venereal disease, without disclosing his three past outbreaks of genital herpes. The couple had unprotected sex for four months, and although Roe had no active outbreak during that time, Doe contracted herpes and sued him for negligent transmission. The trial court awarded her $150,000, and Roe appealed, arguing that in 1985 asymptomatic herpes transmission was not well understood, making the risk unforeseeable and negating any duty to warn.
IssueFree
Whether conduct that foreseeably subjects another person to an unreasonable risk of harm is negligent.
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