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Litigation

BY ALM Staff
April 27, 2007

Husband Not Liable for Ex-Wife's Sexually Transmitted Disease

Unnamed Wife v. Unnamed Husband, No. CV040058 , Superior Court of San Luis Obispo County, San Luis Obispo, CA, 11-22-2006.

In 1997, the 43-year-old plaintiff was diagnosed with pre-cancerous symptoms attributed to exposure to the human papilloma virus (HPV). She underwent a hysterectomy. In July 2002, the parties began divorce proceedings after the plaintiff discovered her husband was having an affair. The plaintiff claimed her husband had many affairs when they were married, including consorting with prostitutes, where he contracted HPV and passed it on to her. The husband claimed his exposure likely predated the marriage. A San Luis Obispo County jury rejected the wife's claim that her husband had negligently infected her with a sexually transmitted disease.

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