In this case, the plaintiff was married to John B. He had HIV and at the time of this lawsuit had AIDS. He did not tell his wife he was HIV positive. She contracted HIV. He then blamed her. The Supreme Court held the wife could pursue her claim for negligent infliction of HIV, a claim that Ms. Gallagher had helped to develop.

OVERVIEW: The complaint alleged that an employee who was a certified nursing assistant sexually molested the patient; that managing agents and supervisors knew that the employee was sexually abusing patients, refused to take any action, and concealed information; and that the hospital intentionally or negligently spoiled evidence, including destroying documents concerning other sexual assaults in an attempt to hide the fact that they had knowledge that he certified nursing assistant had sexually assaulted other victims.