Constance Garcia and Frank Garcia v. Helen F. Von Micsky, as Administratrix of the Estate of Lajos Von Micsky, Deceased

There was no negligence. The jury found there was no uninformed consent. There was no warranty prior to the performance of the surgery.

However, appellants pleaded and there was evidence — evidently admissible under the New York dead man’s statute 1 — to the effect that five months after the operation the surgeon guaranteed its success without making the tests that he could have made to verify whether the tubal ligation had been successful. There was also evidence that Mrs. Garcia relied on the guarantee and did so to her detriment, having an unwanted pregnancy necessitating, in view of her…