Individual Could Not Recover Her Claim for Negligent Infliction of Emotional Distress As It Had Been Caused by a Nonexistent Peril
In Heiner v. Moretuzzo, Ohio St.3d 80, 1995 Ohio 65, 652 N.E.2d 664m the Ohio Supreme Court held that a plaintiff may not recover for negligent infliction of emotional distress "where the defendant's negligence produced no actual threat of physical harm to the plaintiff or any other person."
The Heiner plaintiff had been incorrectly told by health professionals that she had tested positive for HIV. After learning that she was HIV-negative, Heiner sued her physician for the emotional distress she had suffered as a result of the incorrect diagnosis.
The Ohio Supreme Court held that Heiner could not recover on her claim for negligent infliction of emotional distress because she was not HIV-positive, and, therefore, her distress had been caused by a nonexistent peril.