Brzoska v. Olson
Supreme Court of Delaware
668 A.2d 1355 (Del. 1995)
Relevant factsFree
Dentist Dr. Raymond Owens died of AIDS after exhibiting open lesions, weakness, and memory loss; several of his former patients (plaintiffs) sued his estate (defendant) for battery, claiming his performance of dental work while HIV-positive was offensive and caused them mental anguish upon learning of his illness, and alleging he had cut himself at least once during treatment. None of the patients tested positive for HIV; the Superior Court granted summary judgment for the estate, and the patients appealed.
IssueFree
Whether a plaintiff may recover for battery based on fear of contracting a disease when the plaintiff was not actually exposed to the agent that causes that disease.