· 10/18/2007
Florida Dept. of Corrections v. Abril
Citations
- 969 So. 2d 201
- 26 I.E.R. Cas. (BNA) 1343
- 32 Fla. L. Weekly Supp. 635
- 2007 Fla. LEXIS 1902
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing an exception for “when a laboratory or other health care provider is negligent in failing to keep confidential the results of an HIV test”
- impact rule does not bar recovery by patient of emotional distress damages in claim for negligent disclosure of HIV test results
- “The Courts of Florida have long recognized that the violation of a statute may be utilized as evidence of negligence.”
- “For example, we have noted that the impact rule does not apply to any intentional torts, such as defamation, invasion of privacy, and intentional infliction of emotional distress.”
- “This Court has held that while breach, causation, and damages are ordinarily questions for the jury, ‘duty exists as a matter of law and is not a factual question for the jury to decide.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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