Should someone be held liable for negligent transmission of a sexually transmitted disease?
The California Supreme Court is considering this issue in a case titled John B. v. Superior Court (Bridget B.). Bridget B. claims that her husband, named only as John B., infected her with HIV soon after they married in July 2000.
The facts alleged in the case are odd because Bridget tested HIV positive four months after she discovered by accident that her husband had tested negative. Less than a year later, according to the complaint, John had developed full-blown AIDS and Bridget learned that before and during their marriage he had engaged in unprotected sex with several gay men.
Bridget then concluded that John had infected her. She sued for fraud and negligent infliction of emotional distress, claiming John knew or should have known that he had HIV, and she sought discovery into John's sexual history.
A decision in the case is expected within 90 days.