McPherson v. McPherson
Supreme Court of Maine
712 A.2d 1043 (1998)
Relevant factsFree
Nancy McPherson (plaintiff) and Steven McPherson (defendant) were married when Steven had a secret affair with a woman infected with HPV, which he unknowingly contracted and then unknowingly transmitted to Nancy through consensual marital intercourse. After their divorce, Nancy sued Steven for assault and battery based on the transmission of HPV, and the trial court denied her claims.
IssueFree
Whether consent is a defense to the tort of battery when the consent was induced by a misrepresentation.