California Supreme Court
643 P.2d 954 (1982)
The Turpins (plaintiffs) brought a negligence suit on behalf of themselves and their three children against a hospital and Dr. Sortini (defendant) for failing to inform them that their children had a high probability of being completely deaf. One of the four causes of action was brought on behalf of Joy Turpin (plaintiff), one of the children born totally deaf. Joy sought damages for being “deprived of the fundamental right of a child to be born as a whole, functional human being without total deafness,” and for expenses required for “specialized teaching, training, and hearing equipment.” Sortini argued that Joy suffered no legally cognizable injury and demurrered to dismiss the action for failure to state a claim. The trial court granted the demurrer and the court of appeal affirmed. The cause of action brought on behalf of Joy was appealed to the California Supreme Court.
Rule of Law
Holding and Reasoning (Kaus, J.)
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