...infected with genital herpes?" (No); "Was Thomas Redmond negligent?" (Yes); "Was Thomas Redmond's negligence a substantial factor in causing harm to Patricia Behr?" (Yes); "Did Patricia Behr's...negligence contribute to her contraction of genital herpes?" (No). The verdict form then called for the jury to specify the amount of damages suffered by Behr caused by the negligent...concluded that Redmond's disclosure of herpes, coupled with his assurance that it was okay to have sex, constituted negligence and fraudulent concealment, it was not necessary for Behr to prove she...

.... While we have found evidentiary support for the jury's determination of Mr. Meany's negligence with regard to the transmission of herpes to his wife, there is nothing to show that he gave her...Appeal, First Circuit, sitting in place of Justice James L. Dennis. Claiming that her former husband negligently transmitted to her the herpes simplex virus type 2, genital herpes, as...this trial for both genital herpes and venereal warts. The results from the blood test for the herpes virus and from the urethroscope procedure...

...discussion of the application of negligence principles to the transmission of genital herpes, see generally, Note, " Kathleen K. v. Robert B.: A Cause of Action for Genital Herpes...: Does Maryland Recognize A Cause of Action for Either Fraud, Intentional Infliction Of Emotional Distress, Or Negligence Resulting From...the Sexual Transmission Of A Dangerous, Contagious, and Incurable Disease, Such As Genital Herpes? Our answer is affirmative as to each named cause of action...

...). A. Negligence It is undisputed that B.J.P. knew that she had genital herpes when she had sexual contact with R.A.P...contact with him without warning him that she had herpes. He alleges that he contracted herpes as a result of B.J.P.'s negligence, and that he has suffered significant damage. We agree that, on the...and after he had contracted herpes from her. The trial court has not yet resolved this dispute, or considered whether B.J.P.'s alleged negligence caused R.A.P. any compensable damage. We therefore...

... Plaintiff alleged that defendant infected her with genital herpes, and that the claim should be held nondischargeable as a willful and malicious injury under..., 112 L.Ed.2d 755 (1991). Plaintiff was required to establish by a preponderance of the evidence that defendant transmitted genital herpes to her...willfully and maliciously. Plaintiff did not sustain her burden of proof. She was unable to establish that defendant infected her with herpes, so no issue is presented as to of the level of intent, i.e...

...trial court's dismissal of the third and fourth causes of action. However, the appellate court found that dismissal as to the negligence cause of action was improper because appellee had alleged the...essential elements of negligence. The court specifically found that it could not say that appellee would not be able to prove any set of facts establishing that appellant owed a duty to appellee. The...appellant. Torts — Negligence — Individual infected with a venereal disease has a duty to warn those persons with whom he...

...policy to a claim resulting from the transmission of genital herpes. State Farm Fire and Casualty Company (State Farm) brought suit against G.W. and S.S. seeking a declaratory judgment that G.W.'s...that State Farm failed to meet its summary judgment burden because it did not produce conclusive evidence that G.W. intended to transmit herpes to S.S.... 808 S.W.2d 668. For the reasons explained herein, we affirm the judgment of the court of appeals. S.S. contracted genital herpes after engaging in consensual sexual...

...ex-husband, defendant, Richard Davidson, for damages resulting from his negligence in infecting her with the genital herpes virus. From the order of the trial court granting defendant summary...infection. Plaintiff sued her husband for negligence in infecting her with the herpes virus, alleging that he had a duty to refrain from any conduct which could cause her injury...judgment in favor of the defendant ex-husband when his blood tests came back negative for the herpes virus. As with any negligence claim, a plaintiff alleging damages from...

...was infected with genital herpes, then the sex with Leleux was not a battery. Leleux could recover under a theory of negligence, provided that a duty existed to protect Leleux...result of their sexual encounters, the recruit, Plaintiff-Appellant Catherine E. Leleux ("Leleux"), contracted genital herpes, an incurable virus. Seeking relief for the damages inflicted upon her..., Leleux filed the instant suit against the Government and argues that, as the petty officer's employer, the Government was ultimately responsible for his actions under a negligence theory. Although we...

...offer of any evidence other than the prior adjudication. In the initial negligence proceedings, the trial court found that transmission of herpes was foreseeable because B.L.G...concluded that B.L.G. breached a duty to use reasonable care to avoid transmitting genital herpes to M.M.D. The parties argue that the outcome of M.M.D.'s lawsuit is dispositive on the issue of insurance.... FACTS In the underlying action commenced in August 1988, M.M.D. sued B.L.G. for injuries related to the transmission of genital herpes. In August 1990, after a trial to the...

.... We agree with Special Term's conclusion that the wife stated legally cognizable causes of action for wrongful transmission of genital herpes on theories of either fraud or negligence. In her...damages based upon allegations that defendant fraudulently or negligently infected her with the incurable venereal disease, Herpes Simplex II, commonly known as genital herpes. She alleged, inter...alia, that on or about December 4, 1980, she was diagnosed as having genital herpes, and that "upon information and belief, the defendant on a prior occasion contracted genital herpes through sexual...

...abolish the interspousal immunity doctrine in regard to the allegations of negligent transmission of herpes. The Court stated that the doctrine is no longer a bar to negligence actions and remanded the...tortiously infecting her with herpes and genital warts. Mr. Jobe filed a motion for judgment on the pleadings, and the trial court sustained it. Ms. Deuschle appeals the judgment of the trial court. The.... Factual and Procedural Background Monica Deuschle filed a claim against Jason Lee Jobe alleging that he infected her with herpes and genital warts. Mr. Jobe and Ms...

... SHORT, Judge. M.M.D. brought this action against her former boyfriend, B.L.G., alleging he negligently and intentionally infected her with genital herpes. After a.... FACTS B.L.G. and M.M.D. met in October, 1985. They began a sexual relationship in January of 1986. Neither had been diagnosed with genital herpes before that time. In...addition, M.M.D. had never experienced any symptoms of the disease before beginning her sexual relationship with B.L.G. However, B.L.G. had a history of genital sores and had indicated a concern about herpes...

.... (dissenting). Plaintiff failed to establish that both nail technicians were infected with the herpes simplex virus, and thus, a jury could not conclude that more likely than not..., but for their negligent conduct, plaintiff would not have contracted herpetic whitlow. If the nail technicians did not have the herpes simplex virus, how could they give it to plaintiff? It is just as...likely that plaintiff contracted herpes whitlow at some time after leaving the nail salons with an open wound. Accordingly, I would affirm the trial court's order granting summary disposition in favor...

...confronted with a negligence suit based on the plaintiff-wife's allegation that during the course of their marriage, defendant had infected her with the herpes virus. The Court, en banc, allowed the...103 (Minn.Ct.App., 1988) held that a person infected with genital herpes has a legal duty to use reasonable care to avoid transmission. The divorcing husband's negligence and fraudulent...divorce on November 2, 1984. Included in her complaint were four separate counts for personal injury alleging that her husband, the defendant, transmitted genital herpes to her during their marriage. The...

...HISTORY Plaintiff sought recovery for damages as the result of her contraction of herpes on theories of fraud and negligence. At the close of plaintiff's case, defendant moved for...a person who knowingly fails to disclose to his sexual partner the fact that he has a sexually transmissible contagious disease may escape liability for negligence in transmitting that infection...Roe appeals from a judgment after a court trial finding him liable to plaintiff Jane Doe for $150,000 in damages based on negligent transmittal of the virus herpes simplex II...

...herpes from her husband after he had engaged in an extramarital affair with Loosen, Lockhart brought a tort action based upon theories of negligence, fraud, the intentional...trial court's dismissal of Lockhart's negligence claim is determined. There is a paucity of facts in the record. Loosen stipulated that she has herpes only for purposes of the motion to dismiss. She... and negligent infliction of emotional distress and negligence per se against the paramour. Loosen moved to dismiss the case urging that, even if the appellant's...

...that both parties' negligence caused the transmission of herpes to Lively, and attributed 51 percent negligence to Flores and 49 percent to Lively. By his first point of error..., for negligent transmission of genital herpes. Flores appeals, alleging that Lively's cause of action was barred by limitations. We reverse and render judgment in favor of Flores.... Flores and Lively were married in 1981. In September 1982, Flores was diagnosed with genital herpes. Both Lively and Flores were advised by the diagnosing doctor regarding certain procedures to take...

.... Plaintiff filed this suit, claiming negligence, fraud, and misrepresentation based on contracting herpes type 2 from Defendant, on December 1, 2011. (D.I. 1). Defendant has moved...GRANTED. The relevant undisputed factual background of this case is brief. Defendant contracted herpes type 2 many years before meeting Plaintiff. Plaintiff and Defendant...began a sexual and romantic relationship in May, 2008, first having unprotected sex on May 3, 2008. (D.I. 141-7 at 35, 37-38). Defendant did not disclose to Plaintiff that he had herpes prior to that...