Legal Opinion

Smith v. Walker

Pennsylvania Court of Common Pleas, Cumberland County

Decided July 9, 1991No. 839 Civil 1991PublishedCited by 1 opinion

1Opinion of the Court

BAYLEY, J.,

Plaintiff, Linda A. Smith, filed a complaint against defendant, John A. Walker, alleging that he infected her with condyloma, a sexually transmitted disease.1 The complaint has counts in negligence, fraud and deceit, intentional infliction of emotional distress, and battery, and includes a claim for punitive damages. Defendant filed preliminary objections in the form of a demurrer to all counts, including the claim for *664punitive damages, and a motion to strike and for a more specific pleading.

For purposes of a demurrer, all facts alleged in the complaint are deemed admitted. Firing…

2Cases cited9 opinions

  1. Martin v. Johns-Manville Corp.Supreme Court of Pennsylvania · 1985
  2. Firing v. KephartSupreme Court of Pennsylvania · 1976
  3. Jones v. Nissenbaum, Rudolph & SeidnerSuperior Court of Pennsylvania · 1976
  4. Billo v. Allegheny Steel CompanySupreme Court of Pennsylvania · 1937
  5. Maharam v. MaharamAppellate Division of the Supreme Court of the State of New York · 1986

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3Cited by1 opinion

  1. Reish, R. v. Visiting AngelsSuperior Court of Pennsylvania · 2023

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