DOE V. JOHNSON
817 F. Supp. 1382 (1993)
NATURE OF THE CASE: Johnson (D) motioned to dismiss Doe's (P) complaint stating several
causes of action against D arising from consensual sexual acts that occurred between them,
from which P received the HIV virus.
FACTS: P alleges that D wrongfully transmitted HIV to her through consensual sexual
contact. P claims that D 'was sexually active, having sexual contact and engaging in sexual
intercourse with multiple partners.' P claims that D 'knew or should have known' that he had
a high risk of becoming infected with the HIV virus because of his 'sexually active,
promiscuous lifestyle.' P argues that D should have (1) warned her about his past lifestyle;
(2) informed her that he 'may have HIV'; (3) informed her that he did in fact 'have HIV';
(4) not engaged in sexual contact with her; or (5) used a condom or other method to protect
her from the HIV virus. D moved to dismiss the complaint.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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