Lockhart v. Loosen

LAVENDER, Justice.

¶ 1 Dispositive of Loosen’s appeal is whether there are factual issues which should have been resolved by the trier of fact before it dismissed her claim with prejudice. Application of traditional common-law principles of causation require that Lockhart’s claim be remanded to the district court for further proceedings.

I

FACTS AND PROCEDURAL HISTORY

¶ 2 Lockhart alleges that Loosen — knowing she had genital herpes — engaged in sexual intercourse with David Lockhart [appellant’s husband]. She contends that Loosen not only failed to warn Lockhart’s husband of her contagion but…