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John B. v. Superior Court of Los Angeles County

Supreme Court of California

137 P.3d 153 (2006)

Relevant factsFree

Bridget B. (plaintiff) married John B. (defendant) in 2000 after he presented himself as monogamous and healthy; months later Bridget became ill and tested HIV positive, and John then tested positive as well. Bridget sued, alleging John had unprotected sex with multiple men both before and during their marriage, becoming infected and then knowingly or negligently transmitting HIV to her; John argued he owed no duty of care because he lacked actual knowledge of his own infection.

IssueFree

Whether a person who has reason to know he is infected with a disease has a duty to use ordinary care to avoid infecting others.

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