Alice D. v. William M.

OPINION OF THE COURT

David B. Saxe, J.

INTRODUCTION

This Small Claims Court case involves the following novel issue: If a man tells a woman, prior to having sexual intercourse with her, that he is sterile but in fact is.not, may she successfully sue him after becoming pregnant by him, to recover the costs of an abortion incurred by her and other related expenses?

FACTS

The essential facts are these: The claimant, a 35-year-old divorced woman resides with her 10-year-old son. The defendant is 58 years old, a postal worker, married, and has three grown children. The parties met in 1979. The…