Majca v. Beekil
Supreme Court of Illinois
701 N.E.2d 1084 (1998)
Relevant factsFree
Eileen Majca (plaintiff) cut her hand on a scalpel previously used by Dr. Peter Lacher (defendant), who had AIDS, and the scalpel was covered in dried blood at the time of contact. Majca sued for emotional distress based on her fear of contracting AIDS, but never alleged that the dried blood was actually infected with HIV, the virus that causes AIDS. The trial court granted the defendants summary judgment, and Majca appealed.
IssueFree
Whether a plaintiff must prove actual exposure to a disease-causing agent to maintain a claim for emotional distress based on fear of contracting that disease.