A New York appellate court's 3-2 decision to vacate a jury's $75,000 post-traumatic-stress award in a "fear of AIDS" case has drawn a scathing dissent from Justice James M. Catterson. Justice Catterson criticized the majority for adhering to a judicially created six-month limit for emotional damages in AIDS-phobia cases rather than allowing a jury to determine whether the plaintiff's distress was "genuine" or "substantial," as required by prior precedent.
May 09, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The New York Appellate Division, 1st Department’s 3-2 decision to vacate a jury’s $75,000 post-traumatic-stress award in a “fear of AIDS” case has drawn a scathing dissent from Justice James M. Catterson.
Catterson criticized the majority for adhering to a judicially created six-month limit for emotional damages in AIDS-phobia cases rather than allowing a jury to determine whether the plaintiff’s distress was “genuine” or “substantial,” as required by prior precedent.
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