Faya v. Almaraz

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• implying that only reasonable fear is proximately caused by a defendant’s negligence
• reversing dismissal when HIV-positive surgeon operated on the appellants without their knowledge of his disease
• permitting plaintiffs to recover for reasonable fear of contracting AIDS after having been operated on by a surgeon who had AIDS
• relying on medical journals and reports to give context to what was known at the time about AIDS and HIV
• determining that fear of contracting HIV was objectively reasonable only within a certain window of time based on “current credible evidence of a 95% certainty that one will test positive for the AIDS virus, if at all, within six months after exposure to it”
• relying on presence of physical manifestations such as headaches and sleeplessness

Source: CourtListener parenthetical corpus (CC0).