· 4/3/1911
Auto Livery Co. v. Castell
Citations
- 8 Teiss. 262
- 1911 La. App. LEXIS 50
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing “overreliance on terms such as wrongful life or wrongful birth creates the risk of confusion in applying principles of tort law to actual cases, and may compound or complicate resolution of the case”
- \[N]o person has control over the occurrence or nonoccurrence of his or her own birth.\
- “The law of negligence does not hold a defendant liable for damages that the defendant did not cause.”
- ‘‘such cases are properly decided by applying the same legal analysis employed in any medical negligence claim’’
- \[T]he injury allegedly suffered by [the mother] (deprivation of opportunity to make an informed choice to terminate a pregnancy) is conceptually different from the injury that [the child] asserts (her birth with defects).\
- “Our holding [in Bowman] was confined to a determination that public policy did not preclude parents from bringing an action in tort against medical providers following a negligently performed and unsuccessful sterilization procedure.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Godchaux
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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