Wofford v. Davis

HARGRAVE, Vice Chief Justice.

The plaintiffs, Rosana and Errol Wof-ford, brought this action against Elaine Neill Davis, M.D., alleging a negligently performed sterilization procedure resulted in the birth of a healthy but unwanted baby. Plaintiffs sought damages rising from negligence and breach of an oral contract, seeking recovery of medical expenses for the mother and child, as well as the cost of raising the child and compensation for emotional and mental anguish.

The defendant filed a motion to strike and special demurrer. In ruling on these motions the trial court eliminated the claim…