The facts themselves are fairly straightforward: In Oregon, a 69-year-old retired dentist and a 49-year-old woman (whose occupation is not mentioned) met on the dating service eHarmony, and had sex on their fourth date. He had genital herpes, but didn’t mention it because (he says) he didn’t believe she could be infected as long as he wasn’t experiencing an active outbreak.
This is not correct, according to the Centers for Disease Control and Prevention. Well, even absent such a statement from the CDC, it’s clear that this is not correct, because she contracted genital herpes.
She filed a seven-figure lawsuit against the former dentist. No lawsuit against eHarmony, remarkably enough.
(Both the plaintiff and the defendant were allowed to remain anonymous)
She claims he is guilty of both negligence and battery (for engaging in an activity that harmed her).
Mitigating factors for the retired dentist might be his belief that he wasn’t putting her in danger, and the fact that she agreed to have sex without using a condom.
The Oregon jury’s ruling (but please vote and/or comment before reading it)
© 2012 by Bill Bickel unless otherwise noted.