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BRZOSKA v. OLSON

No. 284, 1994.

668 A.2d 1355 (1995)

Robert BRZOSKA and Mary Ann Brzoska, his wife, et al., Plaintiffs Below, Appellants, v. Edward P. OLSON, Administrator of the Estate of Raymond P. Owens, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: September 8, 1995.

Attorney(s) appearing for the Case

Marla Rosoff Eskin (argued), and Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, for Appellants.

Mark L. Reardon (argued), William F. Taylor, Jr. and W. Christopher Componovo, Elzufon, Austin & Drexler, P.A., Wilmington, for Appellee.

F.L. Peter Stone, Connolly, Bove, Lodge & Hutz, Wilmington, for Amicus Curiae, Delaware State Dental Society.

Before VEASEY, C.J., WALSH, HOLLAND, and BERGER, JJ., and DUFFY, Justice, Retired, constituting the Court en Banc.

WALSH, Justice, for the majority:

In this appeal from the Superior Court, we confront the question of whether a patient may recover damages for treatment by a health care provider afflicted with Acquired Immunodeficiency Syndrome ("AIDS") absent a showing of a resultant physical injury or exposure to disease. The appellants, plaintiffs below, are 38 former patients of Dr. Raymond P. Owens, a Wilmington dentist who died of...

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