Judge Dismisses Part of Suit Against Magic

U.S. District Judge Richard Enslen, sitting in Kalamazoo, Mich., Thursday dismissed two of eight counts in a lawsuit filed against Magic Johnson by a woman who says he infected her with the AIDS virus.

The $2-million lawsuit, filed in October by a Lansing, Mich., woman referred to in court documents only as Jane Doe, alleges that Johnson either knew he was infected or should have told her he was at high risk for having the human immunodeficiency virus when the two had sex in June of 1990.

Enslen dismissed a count alleging that Johnson committed fraud by failing to inform the woman that “he had engaged in a sexually active, promiscuous lifestyle that put him at a high risk for becoming infected with the HIV virus,” according to court documents.

The other dismissed count alleged that Johnson was “strictly liable for transmitting the HIV virus to (the woman) because of his abnormally dangerous and ultra-hazardous activities.”