Legal Opinion
Ornstein v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 3, 2006PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Marlow, J.
The central question raised on this appeal is whether plaintiff has a viable claim for an award of damages solely for emotional and psychological injury as the result of exposure to the virus which causes acquired immune deficiency syndrome (AIDS) subsequent to the time at which unchallenged scientific and statistical evidence shows the underlying fear of infection unreasonable.
On September 1, 2000, plaintiff, a part-time nurse in the emergency ward of Bellevue Hospital, was assigned to care for a critically ill patient diagnosed with AIDS. While rolling the…
2Cases cited16 opinions
- Bovsun v. SanperiNew York Court of Appeals · 1984
- Faya v. AlmarazCourt of Appeals of Maryland · 1993
- Kennedy v. McKesson Co.New York Court of Appeals · 1983
- Sheila C. v. PovichAppellate Division of the Supreme Court of the State of New York · 2004
- Brown v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stephens v. Shuttle Associates, L.L.C.District Court, S.D. New York · 2008
- Sims v. Comprehensive Community Development Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Brown v. New York Design Ctr., Inc.Appellate Division of the Supreme Court of the State of New York · 2023