University of Arizona Health Sciences Center v. Superior Court
Arizona Supreme Court
667 P. 2d 1294 (1983)
- Written by Kate Luck, JD
Facts
After having their third child, Patrick and Jeanne Heimann (plaintiffs) decided they did not want to have any more children and opted for Patrick to undergo a vasectomy. Patrick’s vasectomy was unsuccessful, and Jeanne became pregnant with a fourth child. The Heimanns sued the hospital where the vasectomy was performed, the University of Arizona Health Sciences Center (the hospital) (defendant), for negligence, alleging the Heimanns were financially unable to provide for another child. The Heimanns sought damages for the costs of pregnancy, birth, and rearing the child. The hospital filed a motion for partial summary judgment arguing that damages should be limited to the costs associated with pregnancy and birth. The trial court denied the motion. The hospital filed a special-action petition for the Arizona Supreme Court to intervene and order the trial court to grant the motion.
Rule of Law
Issue
Holding and Reasoning (Feldman, J.)
Concurrence/Dissent (Gordon, J.)
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