Patsy Slone, while a guest at the Dollar Inn, a hotel, was stabbed in the thumb by a hypodermic needle concealed in the rube of a roll of toilet paper. Slone, fearing that she might have been exposed to the virus that causes acquired immune deficiency syndrome (AIDS), sued the hotel for damages to compensate her for the emotional distress she suffered after the needle stab. An Indiana trial court held for Slone and awarded her $250,000 in damages. The hotel appealed, and one of the issues before the court was whether Slone had to prove that she was actually exposed to AIDS to recover for emotional distress. The appellate court held that she did not and that her fear of getting AIDS was reasonable in these circumstances. [Dollar Inn, Inc. v. Slone, 695 N.E.2d 185 (Ind.App. 1998)]

1. Should the plaintiff in this case have been required to show that she was actually exposed to the AIDS virus in order to recover for emotional distress? Should she have been required to show that she actually acquired the AIDS virus as a result of the needle stab?

2. In some states, plaintiffs are barred from recovery in emotional distress cases unless the distress is evidenced by some kind of physical symptoms. Is this fair?

Answer rating: 100% (QA)

Answer 1 Should the plaintiff in this case have been required to show that she was actually exposed ... View the full answer