Court Rules Wife's Tortious Infection Suit May Proceed
By Brian Vargo
Published on July 22, 2005
After 5 years of marriage, a Missouri woman filed a two-part petition suing her husband for divorce and tortious infection. The appeals court overturned a lower court's decision to grant a direct verdict, allowing the woman to take her case to trial.
The husband admits to having an affair with a co-worker at the United States Post Office. However, he maintains his ignorance regarding the infection. He says he attributed the symptoms he has having to a diabetic reaction to Agent Orange exposure. The husband also says he did not know he had contracted the virus until his wife informed him she had the disease.
The wife was diagnosed with the disease in August 2002. She testified that she only had sexual relations with her husband and that she initially experienced symptoms while still residing with her husband in their home.
A lower court granted the husband's request for a direct verdict after determining that the evidence suggested the husband had no responsibility to protect his wife from infection because he was unaware that he was infected. The wife contested the lower court's decision, claiming there was enough evidence to proceed to trial. After the appellate court reviewed testimony from the husband, wife, and doctor, they granted the wife's petition.
Research shows that, more often than not, persons infected with a sexually transmitted disease fail to inform their partners before engaging in sexual activity. With the prevalence of sexually transmitted diseases in today's society, pioneering tortious infection lawsuits are setting important precedent that will allow others who are maliciously or negligently infected by a sexual partner to seek financial compensation for damages incurred.
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