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).

Cited by

134 cases in this archive cite this case; the 20 most cited are listed.

• Brzoska v. Olson
  Supreme Court of Delaware· 1995-09-08· cited 367×
• Lloyd v. General Motors Corp.
  Court of Appeals of Maryland· 2007-02-08· cited 313×
• Barrett v. Danbury Hospital
  Supreme Court of Connecticut· 1995-02-21· cited 288×
• Green v. H & R BLOCK, INC.
  Court of Appeals of Maryland· 1999-08-25· cited 181×
• Rosenblatt v. Exxon Co., U.S.A.
  Court of Appeals of Maryland· 1994-06-06· cited 166×
• Valentine v. on Target, Inc.
  Court of Appeals of Maryland· 1999-04-19· cited 142×
• Morris v. Osmose Wood Preserving
  Court of Appeals of Maryland· 1995-11-14· cited 126×
• Caldor, Inc. v. Bowden
  Court of Appeals of Maryland· 1993-06-09· cited 117×
• Allied Investment Corp. v. Jasen
  Court of Appeals of Maryland· 1999-06-25· cited 117×
• Muthukumarana v. Montgomery County
  Court of Appeals of Maryland· 2002-08-26· cited 103×
• Southland Corp. v. Griffith
  Court of Appeals of Maryland· 1993-11-09· cited 99×
• Chizmar v. MacKie
  Alaska Supreme Court· 1995-05-19· cited 96×
• Dashiell v. Meeks
  Court of Appeals of Maryland· 2006-12-14· cited 92×
• Wheeling v. Selene Finance
  Court of Appeals of Maryland· 2021-04-30· cited 92×
• A.J. Decoster Co. v. Westinghouse Electric Corp.
  Court of Appeals of Maryland· 1994-01-07· cited 88×
• Doe v. Archdiocese of Washington
  Court of Special Appeals of Maryland· 1997-02-26· cited 88×
• Baltimore Gas & Electric Co. v. Flippo
  Court of Appeals of Maryland· 1998-02-18· cited 85×
• Fioretti v. Maryland State Board of Dental Examiners
  Court of Appeals of Maryland· 1998-08-31· cited 81×
• K.A.C. v. Benson
  Supreme Court of Minnesota· 1995-02-10· cited 78×
• Ditto v. McCurdy
  Ninth Circuit· 2007-12-14· cited 78×