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B.R. v. VAUGHAN

Docket No. L-5393-11

48 A.3d 1210 (2012)

427 N.J. Super. 487

B.R., Plaintiff, v. Anita VAUGHAN, M.D., Newark Community Health Center, Inc., State of New Jersey, Department of Health and Senior Services, Division of Epidemiology, Environmental and Occupational Health and Services, Division of HIV/AIDS Services, et al., Defendants.

Superior Court of New Jersey, Law Division.

Decided April 18, 2012.

Attorney(s) appearing for the Case

Judith E. Collins , Deputy Attorney General, for the defendants ( Jeffrey S. Chiesa , Attorney General, attorney).

Todd Drayton , East Brunswick , for the plaintiff (Martin, Kane & Kuper, attorneys).

LE BLON, J.S.C.

This case comes before the court on a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. It appears that this motion has highlighted a unique issue of law, as there are no applicable New Jersey decisions that directly address the duty of State agencies and/or their employees to notify a person of their partner's HIV/AIDS status when the infected individual is a client...

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