Sherman v. EjnesAnnotate this Case
Plaintiff filed a civil action against a physician and his employer alleging that Defendants negligently failed to protect the confidentiality of his HIV test results and seeking to recover both compensatory and exemplary damages. The superior court granted Defendant's motion to strike Plaintiff’s claims for exemplary damages and severed Plaintiff’s claim for exemplary damages without holding an evidentiary hearing pursuant to Palmisano v. Toth. The Supreme Court quashed the order of the superior court, holding that the hearing justice erred failing to conduct an evidentiary hearing in accordance with the Court’s holding in Palmisano on Plaintiff’s claim for exemplary damages. Remanded.