Jairath v. Dyer

AMENDED ORDER

CARNES, District Judge.

This case is presently before the Court on defendant’s Motion for Summary Judgment [13]. The Court has reviewed the record and the arguments of the parties and, for reasons set out below, concludes that defendant’s Motion for Summary Judgment should be GRANTED.

BACKGROUND

In March of 1996, plaintiff Vimal Jairath contacted defendant’s office to have a Gore-Tex implant procedure performed. When defendant learned that plaintiff is HIV positive, defendant declined to perform the operation.

Plaintiff subsequently filed a complaint in the Superior Court of Fulton…