Hogan v. Tavzel
Florida District Court of Appeal
660 So.2d 350 (1995)
Relevant factsFree
During a brief reconciliation after separating from a 15-year marriage, Tavzel (defendant) knowingly infected Hogan (plaintiff) with a sexually transmitted disease without warning her or taking precautions; the couple later divorced, and Hogan sued for negligence, battery, fraudulent concealment, and intentional infliction of emotional distress. The trial court dismissed her complaint as barred by interspousal immunity, and Hogan appealed.
IssueFree
Whether a person who knowingly infects another with a sexually transmissible disease, without warning or precaution, may be liable for battery regardless of any marital relationship with the victim.