Johnson v. University Hosp. Of Cleveland

540 N.W.2d 1370 (1989)

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Nature of the Case

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Facts

Johnson (P) filed an action against University (D) alleging that they performed a negligent tubal ligation for sterilization purposes. P requested damages for pain and suffering from the pregnancy and birth which resulted. P estimated the costs of raising the child as $300,000. An arbitration panel found some of the Ds negligent but held that P was not entitled to any child-rearing expenses because the monetary expense is outweighed by the value of love, aid, comfort, and society from the child. P was awarded $12,500. P obtained a trial de novo, and the only outstanding claims are for child rearing. Ds moved the court to dismiss. The trial court granted the motion. P appealed.