Jones v. Malinowski

MURPHY, Chief Judge.

We granted certiorari to consider a single issue of first impression in this State raised in the joint petition of the parties, namely: “Where a negligently performed sterilization resulted in the birth of a healthy child, did the trial court err in its charge that the jury could award damages for the expenses of raising the unplanned child during minority reduced by the value of the benefits conferred upon the parents by having the child?” 1

I.. The record discloses that Leon and Juanita Malinowski were married in 1971 and had three children, born in 1973, 1975 and 1978.…