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Argued En Banc June 10, 2010

Before WASHINGTON, Chief Judge, RUIZ, GLICKMAN, FISHER, BLACKBURNE-RIGSBY, THOMPSON, and OBERLY, Associate Judges, REID*fn1 and KRAMER,*fn2 Associate Judges, Retired, and FARRELL, Senior Judge.

Appellant Terry Hedgepeth alleges that he suffered serious emotional distress after the doctor he saw at the Whitman Walker Clinic negligently informed him that he was HIV positive when, in fact, he was not. Appellant presented evidence that, as a result of the mistaken diagnosis, he was severely clinically depressed and suffered repercussions in his employment and personal life until another clinic correctly informed him that he was not afflicted with HIV, five years later. The Superior Court granted appellees’ motion for summary judgment on the grounds that appellant had failed to establish the requisite facts for the tort of negligent infliction of emotional distress, where there is no other harm. A division of this court affirmed, agreeing with the Superior Court that appellees’ alleged negligence did not place appellant within a “zone of physical danger,” as required for recovery of emotional distress damages by Williams v. Baker, 572 A.2d 1062 (D.C. 1990) (en banc). Hedgepeth v. Whitman Walker Clinic, 980 A.2d 1229 (D.C. 2009).

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