Injection Please

Here's a little background on the facts for the final writing assignment that I've been busy working on. A chick (a.k.a "V" for self proclaimed virgin, although she may be a closet whore) met some dude in one of her college classes. The two began dating in January of 2004 and became involved sexually with one another shortly thereafter. In May of 2004, they were engaged to be married and the wedding date was set for May of 2005 after V finished her undergraduate degree. Shortly before May of 2005, the boyfriend requested to postpone the wedding so they could save up some money to buy a house together. V started pursuing a graduate degree. Upon finishing the degree, V broached the subject of marriage again. This time the boyfriend told her there could be no marriage because he was still in love with a previous lover in which he continued to meet on occasion during their relationship. He broke up with his previous lover before meeting V because his previous lover had a drug abuse problem. He often frequented parties with his former lover (a.k.a. "D" for druggie) and witnessed her shooting up with needles shared with some friends known to have HIV. He warned D about the risks of sharing needles with HIV infected persons, but D didn't listen. He never used condoms with V, instead claiming that he didn't like to use them. After stating to V that there could be no marriage, he admitted that just recently his former lover (D) had called to inform him that she tested positive for HIV. Obviously, V was upset. V went to get checked out and found that she too had contracted the disease. V comes to me (the kick-ass lawyer) to sue her boyfriend for negligence. Will she succeed on a negligence claim? Of course she will, I'm the attorney.

Although not verbatim, the above facts comprise a short synopsis of our assignment. Credit must be given to whoever wrote the assignment.

To be successful on a negligence claim in the state assigned to us, the plaintiff must prove the following elements:
(1) Duty
(2) Breach
(3) Cause in fact
(4) Legal cause
(5) Damages

Tomorrow I'll discuss duty as we argued it in class tonight. I have some rather amusing comments to make. It's against the honor code to discuss any independent research we perform that's particularly relevant to our paper, so I'll have to spare some of the more exciting details of my research results until after we turn in the assignment.