Hernandez v. Estate of Hopkins
Janitor Israel Hernandez contracted human immunodeficiency virus (HIV) after being twice stuck by bloody needles that had been improperly placed in the regular trash in the medical suite leased by Charles W. Hopkins, M.D. Mr. Hernandez and his wife Vilma (together Hernandez or plaintiffs) brought this action seeking damages for negligence, premises liability, negligence per se, and loss of consortium against, among others, Dr. Hopkins, who has since died. His estate (the Estate) appeals from the judgment entered upon a jury verdict awarding plaintiffs $1 million based on a finding that Dr. Hopkins was 50 percent responsible for plaintiffs injuries. Plaintiffs cross appeal challenging the calculation of damages. Court affirm the judgment in all respects.
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