Herbert

— While waiting in an examining room at the UCLA Medical Center, three-year-old Jonathan Herbert got his hands on some used needles and stuck himself. His mother’s first thought was of AIDS, and although Jonathan then and later tested negative, Jonathan’s mother sued the Regents of the University of California for negligent infliction of emotional distress. The trial court granted the Regents’ motion for summary judgment. We affirm, holding that the “fear of cancer” rule announced in Potter v. Firestone Tire & Rubber Co. (1993) 6 Cal.4th 965 [ 25 Cal.Rptr.2d 550 , 863 P.2d 795 ], applies to a case based upon fear of AIDS (acquired immune deficiency syndrome).

Facts

On May 30, 1990, Linda Herbert took Jonathan to the UCLA Medical Center after he drank some liquid Tylenol with codeine. A doctor in the pediatric ward examined Jonathan, then directed Mrs. Herbert and Jonathan to wait in an examination room. A few minutes later, Mrs. Herbert went across the hall, telling Jonathan to stay on the bed while she tried to call his father. Jonathan got off the bed, explored the room, found a “needle box” on the floor under a sink and opened it to find a bunch of used and discarded…