Legal Glossary
Remember Rowland v Christian, the landmark California case where the court did away with the three classes of plaintiffs (trespass, licensee, invitee) to bring everyone, no matter how criminal, under the law? Back in 1968 California surprised the country by insisting that all, no matter how criminal, are created equal. Why should Walmart be held liable for someone who falls and breaks his arm while snooping around its dumpsters? Because all men are created equal. What does it matter why he fell, the fact is that he fell. Walmart and everyone else: go do something about it! Make it safe. Make everything safe!
Unfortunately California is now issuing its own currency called ‘the Golden State IOU’ and the gauntlet has passed to New York, where nurse Helen Ornstein pulled off an unheard of decision: emotional distress for exposure to HIV, whereby it turns out that though she eventually learned that she was not infected the stress and strain continued on).
Here’s what happened: Ornstein, a nurse, pricked herself on a needle with blood tainted by an HIV patient. In a suit New York Health and Hospitals were unsuccessful in limiting the nurse’s claim for emotional distress damages to the period of time when she thought she might actually be exposed to HIV. After six months of the alleged exposure, she was tested– negative. After nine months of the potential exposure– negative again. Negative all the way. Despite the blood-filled needle Ornstein was healthy and HIV free. What luck and thank god, right? Wrong. Healthy but not happy. The trial court denied defendants’ motion for emotional distress beyond the six month period. But the appellate division reversed. The court determined that her fear and distress continued even after the tests showed her negative. Is that reasonable? Isn’t there an expectation that legally emotional distress is limited to normal, ordinary and not hyper-sensitive types? This woman needs a dose of Buddha. Get her a Jack Corngold MP3.
Here is the logic: post-traumatic stress disorder, separate and apart from the risk of contracting the virus. The virus played a role, it got the b going, but that once the ball was rolling it rolled
Bottom line: New York is ahead of California these days. Maybe we’ll see another Cardozo
Terms Used: buddha, cardozo, emotional distress, hiv, Jack Corngold, ornstein, Trespassing,