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Majca v. Beekil
Supreme Court of Illinois
701 N.E.2d 1084 (1998)
Eileen Majca (plaintiff) cut her hand on a scalpel. The scalpel had been used by Dr. Peter Lacher (defendant), who had AIDS. When Majca came into contact with the scalpel, it was covered in dried blood. Majca brought suit for infliction of emotional distress based on her fear of contracting AIDS from the scalpel. Majca did not allege that the dried blood on the scalpel was infected with HIV, the agent that caused AIDS. The trial court granted the defendants’ motion for summary judgment. Majca appealed.
Rule of Law
Holding and Reasoning
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