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Kohl v. Kohl

Florida District Court of Appeals

149 So. 3d 127 (2014)

Relevant factsFree

Yulia Kohl (plaintiff) sued her ex-husband, Norman Kohl (defendant), for negligence, claiming he gave her HPV. She argued Norman should have known he had an STD because he engaged in high-risk sex, including extramarital affairs and encounters with prostitutes, and because his previous wife had undergone a hysterectomy -- though no evidence linked that hysterectomy to HPV, showed Norman had ever been diagnosed, or showed he had any symptoms. The trial court dismissed Yulia's complaint for failing to state a cognizable claim, and she appealed.

IssueFree

Whether liability for negligent transmission of a sexually transmitted disease arises only if the defendant knew or should have known he had the disease.

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