Olson v. Molzen
Tennessee Supreme Court
558 S.W.2d 429 (1977)
- Written by Jody Stuart, JD
Facts
Janet Olson (plaintiff), a woman who was pregnant, engaged the services of Bob Molzen (defendant), a doctor, to perform an abortion. Molzen operated an abortion clinic. Prior to having the abortion, Olson was required to sign a release that released Molzen from any liability associated with his performance of the abortion. There was no indication that Molzen offered Olson an option for the payment of additional fees to obtain protection against negligence. Two months after Molzen performed the abortion, Olson learned she was still pregnant, at which time it was too late for an abortion. Olson sued Molzen for negligence. The trial court granted a motion for summary judgment in favor of Molzen. The appeals court affirmed, holding that the release was valid and not against public policy.
Rule of Law
Issue
Holding and Reasoning (Henry, J.)
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