Legal Opinion

Doe v. State

New York Court of Claims

Decided June 26, 1992No. Claim No. 82265PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Israel Margolis, J.

Claimants in this action seek damages alleging that claimant Jane Doe acquired the virus which causes AIDS as a result of the negligence of defendant’s correction officers. The correction officers, Ronald Potempa and Timothy O’Connor, were charged with guarding inmate John Smith at Faxton Hospital (Faxton), where claimant Jane Doe was employed as *288a registered nurse.1 On August 21, 1988, Mrs. Doe, then 38 years of age, was stuck in the hand by a needle which had become dislodged from an IV apparatus contaminated with Mr. Smith’s blood. Mr. Smith had AIDS.…

2Cases cited33 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Cuffy v. City of New YorkNew York Court of Appeals · 1987
  3. De Long v. County of ErieNew York Court of Appeals · 1983
  4. Weiss v. FoteNew York Court of Appeals · 1960
  5. Miller v. State of New YorkNew York Court of Appeals · 1984

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3Cited by7 opinions

  1. Brown v. State of New YorkNew York Court of Appeals · 1996
  2. OKRAYAENTS v. Metropolitan Transportation AuthorityDistrict Court, S.D. New York · 2008
  3. Doe v. StateAppellate Division of the Supreme Court of the State of New York · 1993
  4. Doe v. StateNew York Court of Claims · 1993
  5. Roth v. New York Blood Center, Inc.New York Supreme Court · 1993

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