Boone v. Mullendore
Alabama Supreme Court
416 So. 2d 718 (1982)
- Written by Mary Phelan D'Isa, JD
Facts
Following exploratory surgery for abdominal pain, Repsie Rhea Boone (plaintiff) was told by her physician, Dr. Mullendore (defendant), that her right and left fallopian tubes were removed and that Rhea was now sterile. Relying on this statement, Rhea did not use contraceptive methods. Thereafter, Rhea became pregnant and gave birth to a healthy child. Rhea and her husband sued Dr. Mullendore and the hospital where the surgery was performed for the negligent representation that Rhea’s fallopian tubes had been removed or, in the alternative, for the negligent failure to remove Rhea’s fallopian tubes. Rhea sought compensatory damages for her medical expenses and the costs reasonably incurred to rear the child. Before trial, Rhea’s husband reached a pro tanto settlement for Rhea’s medical expenses. The trial court granted Dr. Mullendore’s motion for summary judgment and dismissed Rhea’s claim on the ground that Rhea could not recover more than the cost of her medical expenses incurred in giving birth. Rhea appealed.
Rule of Law
Issue
Holding and Reasoning (Torbert, C.J.)
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