McKERNAN v. AASHEIM

No. 50157-2.

102 Wn.2d 411 (1984)

687 P.2d 850

KAREN J. McKERNAN, ET AL, Appellants, v. GLEN H. AASHEIM, Respondent.

The Supreme Court of Washington, En Banc.

August 30, 1984.


Attorney(s) appearing for the Case

Anton J. Miller, for appellants.

Billett, Comfort & Rosenow, by Allan R. Billett and Todd M. Worswick, for respondent.

Bryan P. Harnetiaux and Michael J. Pontarolo on behalf of Washington Trial Lawyers Association, amici curiae for appellants.

Daniel E. Tolfree on behalf of Washington Association of Defense Counsel, amicus curiae for respondent.


DIMMICK, J.

Where a healthy, normal child is born after an unsuccessful sterilization operation, may the parents recover damages in a tort action for the cost of rearing and educating that unplanned child? The trial court held in a partial summary judgment that child-rearing costs could not be recovered. We affirm.

I

On March 7, 1980, Dr. Glen Aasheim performed a sterilization operation known as a tubal ligation upon Karen McKernan. Despite the operation...

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