Hartwig v. Oregon Trail Eye Clini

580 N.W.2d 86 (1998)

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Nature of the Case

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Facts

Hartwig (P) worked for a cleaning service, cleaning nonmedical trash at the Oregon Trail Eye Clinic (D). When she lifted a trash bag, a needle penetrated her leg. An employee swabbed the site, applied a bandage and then asked P to get the needle. P was then stuck by another needle disposed of in the nonmedical trash. A disease control nurse then called P to discuss AIDS and hepatitis B, warning her that intercourse with her husband would put him at risk. P underwent vaccinations and tests for a period of months. There was a negative test three months later, and it was concluded that there was a 95% probability that she was not infected. No one was able to identify the patients that the needles were used on. Prior to trial, the court sustained D's motion to exclude testimony of P's mental anguish over her fear of being infected with HIV and that to recover such damages she would have to prove actual exposure to HIV. P offered the testimony of her husband at trial about her severe emotional state. A motion for a directed verdict over D's negligence at the close of trial was granted, but the court instructed the jury that it may not award P damages for anxiety, emotional distress or mental suffering as a result over the fear of getting AIDS or other infectious diseases. The jury gave a verdict of $3,000 and a motion for a new trial was overruled. This appeal resulted.