Florida Supreme Court

DEFAMATION – A woman claimed that her HIV status was improperly disclosed, and the district court overturned dismissal of the lawsuit for failure to state a claim. The state high court ruled when laboratories fail to keep HIV results confidential, damages for emotional distress are not barred by the impact rule because the damages are akin to a defamation or invasion of privacy claim. Department of Corrections v. Abril

    DAMAGES – The district court ruled that the state’s impact rule precluded a hotel guest’s recovery of damages for severe psychological trauma after she had a gun put to her head and was touched without consent by a criminal. The state high court ruled that her claims that the criminal physically touched her temple with his gun barrel and touched her while searching for valuables satisfies the impact rule. Willis v. Gami Golden Glades LLC

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