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MACY'S CALIFORNIA, INC. v. SUPERIOR COURT

Docket No. A071386.

41 Cal.App.4th 744 (1995)

48 Cal. Rptr.2d 496

MACY'S CALIFORNIA, INC., Petitioner, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; CATHERINE JENAE TUSSY-GARBER et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Three.

December 26, 1995.

Attorney(s) appearing for the Case

COUNSEL

Colman, Marcus & Meshot, Peter A. Meshot and Paul A. Pereira for Petitioner.

No appearance for Respondent.

Birnberg & Associates, Cory A. Birnberg and Thomas B. Gill for Real Parties in Interest.

OPINION

CHIN, P.J.

Catherine Jenae Tussy-Garber (Tussy-Garber) allegedly pricked her finger on a hypodermic needle in the pocket of a jacket that had been returned to Macy's California, Inc. (Macy's), by another customer. Tussy-Garber is now suing Macy's for negligence, asserting a right to emotional distress damages because she fears contracting acquired immune deficiency syndrome (AIDS)1 or another serious...

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