Patsy Slone, while a guest at the Dollar Inn, a hotel, was stabbedin the thumb by a hypodermic needle concealed in the tube of a rollof toilet paper. Slone, fearing that she might have been exposed tothe virus that causes acquired immune deficiency syndrome (AIDS),sued the hotel for damages to compensate her for the emotionaldistress she suffered after the needle stab. An Indiana trial courtheld for Slone and awarded her $250,000 in damages. The hotelappealed, and one of the issues before the court was whether Slonehad to prove that she was actually exposed to AIDS to recover foremotional distress. The appellate court held that she did not andthat her fear of getting AIDS was reasonable in thesecircumstances. [Slone v. Dollar Inn, Inc., 395 N.E.2d 185 (Ind.App.1998)]
1. Should the plaintiff in this case have been required to showthat she was actually exposed to the AIDS virus in order to recoverfor emotional distress? Should she have been required to show thatshe actually acquired the AIDS virus as a result of the needlestab?
2. In some states, plaintiffs are barred from recovery in emotionaldistress cases unless the distress is evidenced by some kind ofphysical illness. Is this fair?