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High court allows uninfected courier to proceed with suit.


 The New Mexico Supreme Court ruled that a courier who accidentally splashed bloody fluid on her hands while delivering medical specimen containers to a hospital can seek emotional damages. The Court refused to say that a person who was negligently exposed to body fluids has an irrational fear of contracting HIV, and allowed the courier to proceed with her suit even though there is no evidence that she was actually exposed to the virus. A lower court ruled that the courier had no cause for action because there was no HIV present in the fluid that leaked from the containers. The Court of Appeals reversed the trial judge's ruling allowing a plaintiff to recover emotional distress damages based on the defendant's malice or reckless disregard. The Supreme Court stated that allowing the plaintiff to pursue her trial would serve as an incentive for those who handle infectious materials to use reasonable care to prevent exposure accidents.
