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Abstract: 

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.

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Affiliations:  1: Managing Editor.