Nov 20, 2006 2:00 pm US/Eastern
Wife Sues Estranged Husband Over STD
SAN LOUIS OBISPO, Calif. (AP) ―
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Janet Smith, 52, who now lives in Nevada, filed suit claiming her estranged husband was unfaithful during their marriage, contracted the human papillomavirus and negligently infected her.
AP
In what could be a precedent-setting case in California, a woman is suing her estranged husband for allegedly infecting her with a sexually transmitted disease.
Janet Smith's negligence lawsuit against Patrick Neiland Smith may be the first in the state to be resolved after this year's California Supreme Court ruling that people are liable when they know they have a STD and when they should have known.
The Smiths married in 1979 and lived in San Luis Obispo County. They are completing divorce proceedings.
Janet Smith, 52, who now lives in Nevada, filed suit claiming her estranged husband was unfaithful during their marriage, contracted the human papillomavirus and negligently infected her.
She underwent a hysterectomy and was left fearful of having contracted other STDs, the suit claimed.
Defense attorney Mark B. Connely argued during this month's jury trial that his client did not negligently infect his ex-wife and Smith did not know he had the virus.
After closing arguments this week, the jury will decide whether Smith is negligent and whether he should have known he had a STD.
"People are not as careful perhaps as they need to be," Loyola Law School professor John T. Nockleby said. "People probably aren't thinking about potential legal liability when they're having casual sex."
(© 2006 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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