DOE v. ROE

Docket No. A042776.

218 Cal.App.3d 1538 (1990)

267 Cal. Rptr. 564

JANE DOE, Plaintiff and Respondent, v. RICHARD ROE, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

March 23, 1990.


Attorney(s) appearing for the Case

COUNSEL

Bronson, Bronson & McKinnon, Elliott L. Bien, Susan K. Alexander and Alan J. Lazarus for Defendant and Appellant.

Shapiro, Galvin & Shapiro, and Tad S. Shapiro for Plaintiff and Respondent.


OPINION

SMITH, Acting P.J.

The question presented on this appeal is: whether 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 because he believed that he could not transmit it to her as long as he was symptom-free. We answer that question...

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