Fruiterman v. Granata

OPINION BY Justice CYNTHIA D. KINSER.

In these wrongful birth cases filed by the parents of twin daughters afflicted with Down syndrome, the circuit court sustained a jury verdict in favor of the mother. We will reverse that judgment because the evidence was insufficient as a matter of law to prove the element of proximate causation. With regard to the father's case, the circuit court granted a motion to strike the evidence because the father failed to prove a physician-patient relationship. We will affirm that judgment.

I. PROCEDURAL HISTORY

Julie Granata and Joseph Granata (the Granatas) each…