Stephens v. Spiwak

D. E. Holbrook, Jr., J.

Plaintiffs instituted suit against defendant claiming defendant negligently performed a tubal ligation on plaintiff, Helen Stephens, and that defendant breached a contract with plaintiffs allegedly assuring plaintiffs that Helen Stephens’ chances of pregnancy would be "nil” following the operation. Defendant denied malpractice, existence of a contract, and further denied that plaintiffs sustained damage. While defendant admitted he might have said "one chance in 500 or 1000”, he denied ever having said "nil” although he testified he might have said "almost nil”. From a…