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K.A.C., v. BENSON

Nos. C4-93-1328, C5-93-1306, C6-93-1203.

527 N.W.2d 553 (1995)

K.A.C., et al., Plaintiffs, T.M.W., Respondent, R.E.S., et al., Plaintiffs, v. Dr. Philip D. BENSON, et al., Petitioners, Appellants.

Supreme Court of Minnesota.

February 10, 1995.

Attorney(s) appearing for the Case

William M. Hart, Christopher J. Schulte, J. Richard Bland, Barbara A. Zurek, Meagher & Geer, Minneapolis, for appellants.

James C. Wicka, Jeffrey M. Ellis, Messerli & Kramer, Minneapolis, for respondent.

Judy Emmings, John W. Carey, Sieben, Gross, Von Holtum, McCoy & Carey, Ltd., Fairfax, for plaintiff K.A.C., et al.

Robert K. Randall, Randall & Parmater, Ltd., Minnetonka, for plaintiffs R.E.S., et al.

Heard, considered, and decided by the court en banc.

OPINION

STRINGER, Justice.

Plaintiff-respondent, T.M.W., brought this action against Dr. Philip Benson and the Palen Clinic for emotional damages she allegedly suffered upon learning that Dr. Benson had performed upon her two gynecological procedures while Dr. Benson was infected with the human immunodeficiency virus (HIV)1 and was suffering from open sores on his hands and forearms. We reject plaintiff's claims and hold that...

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