Legal Opinion

Ornstein v. New York City Health & Hospitals Corp.

New York Court of Appeals

Decided February 7, 2008PublishedCited by 70 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

While working as a nurse at a hospital, plaintiff was exposed to the human immunodeficiency virus (HIV) when she was stuck by a blood-filled hypodermic needle that had been left in the bed of a patient with acquired immune deficiency syndrome (AIDS). HIV-antibody tests ultimately established that she had not contracted the virus. The primary issue in this case is the extent of damages plaintiff may recover on her negligent infliction of emotional distress claim. Defendants argue that plaintiff was properly restricted to presenting the jury with proof that she…

2Cases cited13 opinions

  1. Johnson v. State of New YorkNew York Court of Appeals · 1975
  2. Ferrara v. GalluchioNew York Court of Appeals · 1958
  3. Kennedy v. McKesson Co.New York Court of Appeals · 1983
  4. Majca v. BeekilIllinois Supreme Court · 1998
  5. Brown v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1996

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3Cited by70 opinions

  1. Francis v. Kings Park Manor, Inc.Court of Appeals for the Second Circuit · 2021
  2. Taggart v. CostabileAppellate Division of the Supreme Court of the State of New York · 2015
  3. DiGeronimo v. FuchsAppellate Division of the Supreme Court of the State of New York · 2012
  4. Vumbaca v. Terminal One Group Ass'nDistrict Court, E.D. New York · 2012
  5. Baumann v. Hanover Community BankAppellate Division of the Supreme Court of the State of New York · 2012

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