Doe v. Roe

841 F. Supp. 444 (1994)

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Doe v. Roe

United States District Court for the District of Columbia
841 F. Supp. 444 (1994)

Facts

Doe (plaintiff), a female resident of Virginia, worked in the District of Columbia (the District). Doe met Roe (defendant), a male resident of the District, while in the District. Over the next month, Doe and Roe met again several times, primarily in the District. On April 26, 1990, Doe and Roe went to Doe’s home in Virginia and had sexual intercourse. On April 29, Doe and Roe had sexual intercourse at the Watergate Hotel in the District. On May 1, Doe began to experience symptoms of genital herpes and genital warts. The incubation period for genital herpes is between two and 10 days, making it impossible to determine whether Doe contracted the diseases on April 26 in Virginia or on April 29 in the District. Both Virginia and the District criminalized sexual intercourse outside of marriage. Doe filed a diversity action in federal court asserting tort claims against Roe, alleging that Roe intentionally misrepresented that he was free from sexually transmitted diseases. Roe moved for summary judgment, arguing that Virginia law barred recovery, and Doe argued that the District’s law governed her claims. The primary issue before the court was which jurisdiction’s law to apply.

Rule of Law

Issue

Holding and Reasoning (Pratt, J.)

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