607 P.2d 924 (Cal. 1980), cert. denied, 449 U.S. 912 (1980). It is somewhat difficult to imagine a party suing for venereal infection where he or she would have to rely upon a “market share” approach to apportion liability.
2.
“Scienter” is defined as “the defendant's previous knowledge of the cause which led to the injury complained of or rather his previous knowledge of a state of facts which it was his duty to guard against, and his omission to do which has led to the injury complained of….” BlackH.C., Black's Law Dictionary (West Publishing Co., St. Paul, Minn.) (5th ed.1979) at 1207.
