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PRODIGY SOLUTIONS FULL
Jacks was a sexual predator who had full blown AIDS, a fact known and admitted by Prodigy. Prodigy sold time on their computer service and Barbara bought same. The facts, assumed to be true for purposes of this motion, are that: At some time prior to Novemthe plaintiff Barbara Haybeck became a customer of the defendant Prodigy. Plaintiff's Affidavit and Memorandum of Law in Opposition to the instant motion, however, explain that after Jacks denied being HIV positive, plaintiff had sexual intercourse with him and contracted the AIDS virus. Although the complaint asserts that Prodigy's conduct injured plaintiff, it does not explain how.
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Plaintiff's complaint alleges that Prodigy injured plaintiff by its negligent conduct in allowing their employee, Jacob Jacks, to have sexual intercourse with customers with the knowledge that Jacks had AIDS. For the reasons to be discussed, defendant's motion to dismiss is granted. 12(b) (6) to dismiss the complaint on the ground of failure to state a claim upon which relief can be granted. Plaintiff contends that under theories of respondeat superior or negligent hiring and retention, Prodigy is responsible for Jacks' transmission of the HIV virus to her because Prodigy knew that Jacks had the AIDS virus and knew that Jacks was having sex with customers he met on-line. In this diversity action, plaintiff alleges that she contracted the HIV virus from Jacob Jacks (hereinafter "Jacks"), an employee of defendant Prodigy Services Company (hereinafter "Prodigy"), whom plaintiff first met in an on-line Prodigy sex chat room. Cohn, Michael Fischman, of Counsel), for Defendants Prodigy Services Company, International Business Machines Corporation and Sears Roebuck and Co., Inc. Phillips Nizer Benjamin Krim & Ballon, L.L.P., New York City (Perry S. PRODIGY SERVICES COMPANY, a Partnership of Joint Venture with IBM Corporation and Sears Roebuck and Co., and Jacob Jacks, Defendants.