The court's holding and decision will be displayed here.

This section contains the nature of the case and procedural background.

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.

The legal issues presented in this case will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.