Torts -- Negligence -- Breach of duty -- Disclosure of HIV test results in violation of statutory confidentiality requirements -- Impact rule -- An entity that negligently and unlawfully violates a patient's right of confidentiality and privacy in disclosing the results of HIV testing of the patient may be held responsible in a civil negligence action for damages caused to patient by unlawful disclosure -- Impact rule does not bar a cause of action for breach of confidentiality in negligently disclosing results of HIV testing -- Because only reasonable damages arising from a breach of confidentiality requirements in Section 381.004(3)(f) are emotional damages, and because this emotional damage would be akin to that suffered by victims of defamation or invasion of privacy, the Court concluded they should not be barred by impact rule -- An exception to impact rule should be made when a laboratory or other health care provider is negligent in failing to keep confidential the results of an HIV test    Reported at 32 Fla. L. Weekly S635a

Torts -- Psychological injuries -- Impact rule -- Action against hotel and company that provided security services for hotel by hotel guest who sustained psychological injuries as result of being criminally assaulted as she stepped from her car in a parking lot to which she had been directed by a security guard, alleging that defendants were negligent in failing to provide plaintiff protection from foreseeable criminal action -- Where deposition testimony of plaintiff established that her assailant actually made contact with her left temple with his gun, and that the assailant also made actual physical contact with the plaintiff when he demanded that she lift her shirt and proceeded to touch her body in an apparent search for money or other belongings, sufficient physical contact was established to qualify as an “impact” for purposes of maintaining an action for emotional distress -- District court erred in affirming final summary judgment in favor of defendants on ground that impact rule precluded recovery     Reported at 32 Fla. L. Weekly S643a
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**In an attempt to try and accommodate everyone, JAAB will be splitting up the cases in two categories, Criminal and Civil.  The Civil will consist of primarily Torts, PI type actions. If you will look, a new category has been set up under Cases-Civil.  That category will house the Tort and PI type cases posted on the blog.  Should any of Don's reported cases or these list the Judge name, then that case will also be stored in that named Judge category.