denying unforeseeable damages resulting from negligent sterilization
How later courts described this case
- denying unforeseeable damages resulting from negligent sterilization
Written by the judges who cited it.
The opinion
Alice Robie Resnick, J.,
dissenting. I would reverse the judgment of the court of appeals and remand this cause to the trial court. I believe that, under the standards of Civ.R. 56(C), appellants have succeeded in raising a jury question on their claim for medical damages. This case is distinguishable from Johnson v. Univ. Hosp. of Cleveland (1989), 44 Ohio St.3d 49 , 540 N.E.2d 1370 , in that this case does not involve a “normal, healthy child.” See id. at paragraph two of the syllabus.
Douglas and F.E. Sweeney, JJ., concur in the foregoing dissenting opinion.