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C.A.M. v. R.A.W.

Superior Court of New Jersey, Appellate Division
568 A.2d 556 (1990)


C.A.M. engaged in a consensual sexual relationship with R.A.W. Initially, C.A.M. used birth control. R.A.W. then falsely told C.A.M. that he had had a vasectomy. C.A.M. then ceased to use birth control, and became pregnant. C.A.M. gave birth to a healthy child. Through an action in family court, C.A.M. established R.A.W.’s paternity and obtained an order for child support. C.A.M. then sued R.A.W. for, among other things, negligent misrepresentation. In answer to C.A.M.’s complaint, R.A.W. admitted to telling C.A.M. that he had undergone a vasectomy, but stated that he told her this in jest. R.A.W. moved for summary judgment. The trial court granted his motion. C.A.M. appealed.

Rule of Law


Holding and Reasoning (O’Brien, J.)

Dissent (Stern, J.)

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