Wilson-Watson v. Dax Arthritis Clinic, Inc., 2D99-3521.

766 So.2d 1135

Cherie WILSON-WATSON, Appellant, v. DAX ARTHRITIS CLINIC, INC., a Florida corporation, and Richard A. Saitta, M.D., Appellees.

No. 2D99-3521.

District Court of Appeal of Florida, Second District.

August 23, 2000.

Michael R.N. McDonnell and Jacqueline J. Buyze of McDonnell Trial Lawyers, Naples, for Appellant.

Bonita Kneeland Brown of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellees.

WHATLEY, Judge.

Cherie Wilson-Watson appeals the partial final summary judgment entered in favor of Dax Arthritis Clinic, Inc. and Richard A. Saitta, M.D. in her negligence action. We affirm.

Wilson-Watson was working as an emergency medical technician when she responded to a medical emergency at Dax Arthritis Clinic, which is operated and supervised by Richard Saitta. When she arrived, a Dax employee handed her a red contamination bag used to dispose of medical debris accumulated during the emergency. Some time later, Wilson-Watson's leg was punctured by a used, discarded hypodermic needle concealed inside the bag. The puncture broke the skin and caused bleeding. The needle was not tested for HIV contamination, but Wilson-Watson underwent multiple HIV tests over a two-year period, all of which produced negative results. She filed an action against Dax for negligence seeking to recover damages for fear of contracting AIDS. The trial court entered the partial final summary judgment in favor of Dax in response to its renewed motion for summary judgment.¹ The court found that there were no factual issues in dispute because, although Wilson-Watson had suffered the impact of the needle puncture, there was no evidence that she had suffered an injury in light of the fact that all of her HIV test results had been negative.

The trial court's findings are correct and are supported by the first appellate decision in this state to address the elements of a...