Legal Opinion · Concurring in part, dissenting in part

Lee v. G & K Services, Co.

Court of Appeals of Mississippi

Decided April 24, 2012No. 2010-CA-01103-COAPublished

1Concurring in part, dissenting in partCarlton, J.

¶ 33. I concur with the majority’s reversal of the trial court’s grant of summary judgment against Lee’s claim for the medical expenses she incurred in obtaining communicable-disease testing. Lee claims that she incurred these costs for medical testing because a used needle punctured her skin due to the alleged negligence of G & K.

*498¶ 34. I dissent, however, from the remainder of the majority’s decision. A dispute of material fact exists in this case regarding Lee’s claims for emotional-distress damages, and I respectfully submit that this determination of damages falls within the province of…

2Cases cited14 opinions

  1. Leaf River Forest Products, Inc. v. FergusonMississippi Supreme Court · 1995
  2. Williamson Ex Rel. Williamson v. KeithMississippi Supreme Court · 2001
  3. Brown v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  4. John J. Marchica v. Long Island Railroad CompanyCourt of Appeals for the Second Circuit · 1994
  5. Delahoussaye v. Mary Mahoney's Inc.Mississippi Supreme Court · 2001

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