Sard v. Hardy

In its opinion, the majority fails to consider material facts, fails to consider the central issue decided by the trial *240court, unnecessarily decides issues, and decides those issues erroneously. I respectfully dissent.

I

Viewed in the light most favorable to the appellants,1 the record shows that in 1965, during the eighth month of her first pregnancy, Mrs. Said developed eclampsia and suffered 21 convulsions. It was possible, as a result, that she and her baby might die. An emergency Caesarian section was performed in an effort to save them both. The baby did not survive. In March, 1967, Mrs.…