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Mussivand v. David

Ohio Supreme Court

544 N.E.2d 265 (1989)

Relevant factsFree

Physician George David (defendant) had an affair with Dixie West, the wife of Tofigh Mussivand (plaintiff), and Mussivand sued David for negligently transmitting a sexually transmitted disease (STD) to him through West, alleging David never told West about the STD or otherwise prevented its spread. The trial court dismissed on the ground David owed Mussivand no duty of care, and the appellate court reversed; David appealed.

IssueFree

Whether one with a sexually transmitted disease owes a duty of care toward his or her lover's foreseeable sexual partner.

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