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COLE v. D.J. QUIRK, INC.

2001 Mass. App. Div. 139 (2001)

Timothy Cole, and another v. D.J. Quirk, Inc.

Massachusetts Appellate Division, Southern District.

June 19, 2001.

Attorney(s) appearing for the Case

Pamela M. Jonah for the plaintiffs.

Jeanne O. McHugh for the defendant.

Present: Wheatley, P.J., Welsh & Winslow, JJ.

Winslow, J.

The plaintiffs, Timothy and Marybeth Cole, husband and wife, seek to recover damages for fear of HIV/AIDS after Timothy Cole was injured by discarded surgical tweezers. At the close of the plaintiffs' case tried before a jury, St 1996, c. 358, the trial judge directed a verdict in favor of the defendant pursuant to Mass. R. Civ. P., Rule 50(a) and this appeal followed. Although claims for emotional distress in Massachusetts can include fear of HIV/AIDS...

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