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Torts keyed to Robertson
McPherson v. McPherson
Citation:
Supreme Court of Maine, 1998. 712 A.2d 1043.Facts
Following a jury-waived trial, the court made the following factual findings: that the Plaintiff has been and may still be infected with HPV; that is more likely than not that she was infected with HPV through sexual contact with another individual; that the Defendant was the only sexual partner that the Plaintiff has ever had; and that it was more likely than not the Defendant that infected the Plaintiff with HPV. The court also found that the Defendant had a sexual relationship with another woman, and that after having intercourse with her, he did not disclose that relationship to the Plaintiff. He also did nothing to protect the Plaintiff from possible infection with a sexually transmitted disease. Finally, the court found that the Defendant did not know or have reason to know that he might have HPV at the time he infected the Plaintiff because he had no physical symptoms of an HPV infection, had no knowledge of any other partner having symptoms of HPV, and he had no medical diagnosis of any kind of sexually transmitted disease.
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