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Doe v. Roe | 267 Cal. Rptr. 564 (1990)
Sometimes, courts allow litigants to use fictitious names to protect their privacy. When one man’s assumptions about his sexually transmitted disease were complete fiction, his sexual partner sued him for negligence and used fictitious names in Doe versus Roe.
Richard Roe saw a doctor to treat lesions on his penis and learned he had herpes. Richard had another outbreak and went to a different doctor who confirmed the diagnosis. Later, Richard had a third outbreak.
Then, Richard met Jane Doe. The pair discussed sexually transmitted infections. Jane told Richard that she never wanted to risk getting a sexually transmitted infection. Richard responded, quote, “I don’t blame you; I wouldn’t want one either,” unquote. Richard never told Jane about his herpes.
Jane and Richard began a sexual relationship that lasted four months. Richard didn’t have any outbreaks, and they never used condoms. Richard incorrectly assumed that he couldn’t transmit herpes. Long before they began having sex, information available to doctors and lay people showed that transmission could occur between outbreaks. Jane developed a severe case of herpes.
Jane sued Richard and claimed that she never would’ve had sex with him if she’d known Richard’s diagnosis. Then, Richard spoke to a third doctor, who said that transmitting herpes between outbreaks was improbable. At trial, both were found negligent. Richard was negligent because he didn’t use condoms or disclose. He needed to pay Jane one hundred fifty thousand dollars, the amount remaining after subtracting the value of Jane’s negligence. Richard appealed and argued that it wasn’t foreseeable for an asymptomatic person to transmit herpes.
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