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Sacramona v. Bridgestone/Firestone, Inc.

U.S. District Court, D. Massachusetts

152 F.R.D. 428 (D. Mass. 1993)

Relevant factsFree

Robert Sacramona (plaintiff) was injured when a tire he was mounting exploded and sued the tire and rim manufacturers, Bridgestone and Budd (defendants), for future lost income, medical costs, and disability. Sacramona had engaged in high-risk-for-HIV behaviors and refused his doctor's request for an HIV test; during discovery, the defendants moved to compel an HIV test, arguing his life expectancy -- and thus his future damages -- would be significantly shorter if he were HIV-positive. Sacramona objected on statutory and constitutional grounds, citing privacy concerns and the risk of unjust embarrassment.

IssueFree

Whether, under the FRCP, a court may order a party to submit to an HIV test to determine his life expectancy if the party's potential HIV status is relevant only to the issue of future damages.

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