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Torts Keyed to Dobbs
Hartwig v. Oregon Trail Eye Clinic
Facts
Plaintiff, a maintenance worker, was disposing non-medical trash at Defendant’s clinic when she was stuck twice by needles penetrating a trash bag. She was given medical attention, and counseled by a nurse with regard to the danger of human immunodeficiency virus (HIV) or hepatitis infection. The nurse told her that she would require testing for HIV over a year’s period and should conduct herself as if she were infected. She was tested, and after three months medical professionals concluded that there was a 95% chance she was not infected. Prior to trial, Appellee offered a Motion in Limine to exclude testimony concerning Plaintiff’s mental anguish and, while sustaining Appellant’s Motion for a Directed Verdict instructed the jury that it may not award any damages for anxiety, mental suffering or emotional distress. The jury returned minimal damages, the trial denied Plaintiff’s Motion for a New Trial, and she appealed.
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