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Johnson v. Jones

Oregon Court of Appeals

269 Or. App. 12 (2015)

Facts

Judy Johnson (pseudonym) (plaintiff) contracted genital herpes from Joe Jones (pseudonym) (defendant). Johnson asked Jones to wear a condom before they engaged in sexual activity, and Jones agreed. Jones, a dentist, was aware that he had herpes and had lived with the infection for 20 years, but he did not inform Johnson that he was infected. Despite their agreement, Jones initiated sexual contact without a condom. Johnson suffered severe pain and mental distress as a result of contracting the illness, and she sued Jones for battery. At the close of evidence, Jones moved for a directed verdict, arguing that Johnson had failed to prove that he intended to cause her physical harm by infecting her with herpes. The trial court denied the motion, and the jury awarded Johnson $900,000 plus medical expenses. Jones appealed.

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Holding and Reasoning (Haselton, C.J.)

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