Hogan v. Tavzel
Florida District Court of Appeal
660 So. 2d 350 (1995)
- Written by Angela Patrick, JD
Facts
After 15 years of marriage, Carolyn Hogan (plaintiff) and Mark Tavzel (defendant) separated. When the couple later attempted to reconcile, Tavzel was aware that he had contracted genital warts, but Hogan was not aware. Tavzel did not disclose his disease to Hogan or take any preventive measures to protect her from infection. During consensual sex, Hogan contracted the disease. The couple later divorced. Hogan sued Tavzel for negligence, battery, fraudulent concealment, and intentional infliction of emotional distress. Tavzel filed a motion to dismiss Hogan’s complaint. The trial court granted the motion. For the battery claim, one element was that the alleged touching was nonconsensual. The trial court ruled that Hogan could not establish this element because her claim was based on consensual intercourse. The trial court dismissed Hogan’s other claims as barred by interspousal immunity. The doctrine of interspousal immunity had been abolished after the alleged events. However, the trial court ruled that the doctrine had still protected Tavzel at the time he acted. Hogan appealed.
Rule of Law
Issue
Holding and Reasoning (Sharp, J.)
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