Legal Opinion
K.A.C. v. Benson
Supreme Court of Minnesota
Decided February 10, 1995No. C4-93-1328, C5-93-1306, C6-93-1203PublishedCited by 75 opinions
1Opinion of the Court
OPINION
STRINGER, Justice.
Plaintiff-respondent, T.M.W., brought this action against Dr. Philip Benson and the Palen Clinic for emotional damages she allegedly suffered upon learning that Dr. Benson had performed upon her two gynecological procedures while Dr. Benson was infected with the human immunodeficiency virus (HIV)1 and was suffering from open sores on his hands and forearms. We reject plaintiffs claims and hold that a plaintiff must allege actual exposure to HIV in order to establish a claim for emotional damages resulting from a fear of contracting AIDS.
Over 50 former patients,…
2Cases cited27 opinions
- Hubbard v. United Press International, Inc.Supreme Court of Minnesota · 1983
- Faya v. AlmarazCourt of Appeals of Maryland · 1993
- Mohr v. WilliamsSupreme Court of Minnesota · 1905
- Cornfeldt v. TongenSupreme Court of Minnesota · 1977
- Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
22 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Bain v. WellsTennessee Supreme Court · 1997
- Brzoska v. OlsonSupreme Court of Delaware · 1995
- Camper v. MinorTennessee Supreme Court · 1996
- Majca v. BeekilIllinois Supreme Court · 1998
- Brown v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1996
70 more not listed; retrieve them via the Exa API.