Russell v. Shessel

McMurray, Presiding Judge.

Plaintiffs are husband and wife. This action for damages arises from an attempted surgical sterilization of the wife. Shortly after the initial surgery internal bleeding was discovered requiring additional surgery. Subsequently, after a period of time, the wife became pregnant and subsequently bore a normal, healthy child in due time.

The theories of recovery as stated by the plaintiffs’ portion of the pretrial order are battery, breach of contract and fraud. Plaintiff wife seeks damages for pain and suffering, both physical and mental, arising from the battery, as…