Betty Louis week 5 case ana
Betty Louis
CRM1246
Professor Lawrence Johnston
17 September 2014
Macomber v. Dillman
Facts: On April 1984, Plaintiffs, Roxanne and Steven filed a complaint against defendants, Carter F. Dillman and Webster Hospital Association. Alleging, amongst other things the defendant was negligent, careless, and failed to comply with the standard of care during a medical practice for permanent sterilization. The Plaintiff wanted damages because she was not permanently sterilized and was able to conceived a healthy child. She wanted damages to include the expenses of their pregnancy, the cost of raising a child, the child’s education, medical and other expenses; such as loss wages, loss of consortium, and expenses for and unsuccessful tubal ligation. The defendant filed a motion to dismiss on grounds that the plaintiff failed to state the claim for which relief could be granted because they felt that the child was healthy. Issues: If the plaintiff can file a claim for damages for the birth of a child and the child does not have any issues and the child is healthy?
Holdings: No. The hospital should not be liable for the expense of a healthy child because of a failed tubal sterilization.
Rationale: The courts found that there was not negligent on the behalf of the defendant. The plaintiff on the other hand the right to file the claim. Meanwhile, the scope of damages does not extend to cover expenses caused after the birth like education of the child and other expenses. So therefore the court was in favor of the defendant and sees no justification for supporting a departure from the traditional rules that apply to tort damages.
Department of Transportation v. Ronlee
Facts: Ronlee, the plaintiff, entered in a contract with DOT based on a bid that was given on March 7, 1984. Five days after signing the contract, the plaintiff notified the defendant that the bid contained a unilateral error of $317,463, still bringing it under the next lowest bid. In response, the
CRM1246
Professor Lawrence Johnston
17 September 2014
Macomber v. Dillman
Facts: On April 1984, Plaintiffs, Roxanne and Steven filed a complaint against defendants, Carter F. Dillman and Webster Hospital Association. Alleging, amongst other things the defendant was negligent, careless, and failed to comply with the standard of care during a medical practice for permanent sterilization. The Plaintiff wanted damages because she was not permanently sterilized and was able to conceived a healthy child. She wanted damages to include the expenses of their pregnancy, the cost of raising a child, the child’s education, medical and other expenses; such as loss wages, loss of consortium, and expenses for and unsuccessful tubal ligation. The defendant filed a motion to dismiss on grounds that the plaintiff failed to state the claim for which relief could be granted because they felt that the child was healthy. Issues: If the plaintiff can file a claim for damages for the birth of a child and the child does not have any issues and the child is healthy?
Holdings: No. The hospital should not be liable for the expense of a healthy child because of a failed tubal sterilization.
Rationale: The courts found that there was not negligent on the behalf of the defendant. The plaintiff on the other hand the right to file the claim. Meanwhile, the scope of damages does not extend to cover expenses caused after the birth like education of the child and other expenses. So therefore the court was in favor of the defendant and sees no justification for supporting a departure from the traditional rules that apply to tort damages.
Department of Transportation v. Ronlee
Facts: Ronlee, the plaintiff, entered in a contract with DOT based on a bid that was given on March 7, 1984. Five days after signing the contract, the plaintiff notified the defendant that the bid contained a unilateral error of $317,463, still bringing it under the next lowest bid. In response, the