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Mussivand v. David | 544 N.E.2d 265 (1989)

Learning that your wife cheated on you is bad enough. Learning that her lover had a sexually transmitted disease, or STD, is even worse. After this unfortunate event happened to him, a cuckolded husband used the courts to go after his rival in Mussivand versus David.

Tofigh Mussivand’s wife, Dixie West, had an affair with her doctor, George David. Alas, according to Mussivand, David was infected with an STD. He transmitted this disease to Mussivand’s wife, who in turn transmitted it to Mussivand.

Mussivand divorced West and sued David, claiming that David had negligently exposed him to the disease. The trial court dismissed the case on the ground that David owed no duty to Mussivand. The appellate court reversed, holding that Mussivand had shown sufficient facts to establish the elements of a negligence complaint. David appealed to the Ohio Supreme Court.

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