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Negligent Transmission of STDs  

Author:  Roslyn  Myers, Esq..

Source: Volume 10, Number 04, June/July 2009 , pp.55-56(2)

Sex Offender Law Report

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The Vermont Supreme Court recently ruled that a trial court had properly dismissed a woman’s negligence action against her ex-husband for allegedly infecting her with a sexually transmitted disease during their marriage when she failed to show that he knew or should have known he had such a disease. The court agreed with the majority of other jurisdictions that, in showing a breach of duty, the plaintiff must demonstrate that the defendant had actual or constructive knowledge of the STD. ( Endres v. Endres, 2008 VT 124; 2008 Vt. LEXIS 130, Sept. 19, 2008) (on further proceedings in 33 FLR 1010).) This was the first instance of the court addressing this issue.


Affiliations:  1: Managing Editor.

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