California Court of Appeal

Summary judgment for defendant doctor in disability discrimination suit in which plaintiff alleged that defendant turned her away from hernia surgery after discovering that she was HIV positive, is: 1) reversed and remanded as to the disability discrimination cause of action, where a person with HIV is disabled as a matter of law within the meaning of the Unruh Civil Rights Act, and defendant regarded her as a person with a disability, so this question was improperly submitted to the jury; but 2) the trial court correctly granted defendant's motion for summary adjudication of the cause of action for violation of the Confidentiality of Medical Information Act because defendant did not disclose any individually identifying medical information.

Appellate Information

• Decided 04/17/2013
• Published 04/17/2013

Judges

• YEGAN

Court

• California Court of Appeal

Counsel