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Hogan v. Tavzel

Florida District Court of Appeal, Fifth District
660 So.2d 350 (1985)

Facts

Hogan (plaintiff) and Tavzel (defendant) separated after 15 years of marriage. Subsequently, during a brief period of reconciliation, Tavzel knowingly infected Hogan with a sexually transmitted disease without warning her or taking any precaution against infecting her. The parties later divorced. Hogan filed suit against Tavzel for negligence, battery, fraudulent concealment, and intentional infliction of emotional distress. Tavzel filed a motion to dismiss Hogan’s complaint. The trial court held that Hogan’s suit was barred by interspousal immunity and dismissed the action. Hogan appealed.

Rule of Law

Issue

Holding and Reasoning (Sharp, J.)

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