DE MILIO v. SCHRAGER


285 N.J. Super. 183 (1995)

666 A.2d 627

CARMEN DE MILIO AND DENISE DE MILIO, HUSBAND AND WIFE, PLAINTIFFS, v. DR. PHILIP SCHRAGER, JOHN DOES 1-4, FICTITIOUS NAMES FOR PERSONS AND/OR ENTITIES UNKNOWN, DEFENDANTS.

Superior Court of New Jersey, Law Division Middlesex County.

Decided July 14, 1995.


Attorney(s) appearing for the Case

William J. Shipers for plaintiff (Shamy, Shipers & Lonski, attorneys).

Alan J. Baratz, for defendant (Weiner Lesniak, attorneys).


WOLFSON, J.S.C.

I

In a case of first impression, this court is being asked to resolve a two-fold question: (1) whether a plaintiff can recover damages for negligent infliction of emotional distress, based on the fear of developing acquired immune deficiency syndrome (AIDS); and (2) if so, whether such fear is unreasonable as a matter of law absent proof of actual exposure to the human immunodeficiency virus (HIV).

I conclude that a plaintiff may...

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