TURPIN V. SORTINI
31 Cal. 3d 220 (1982)
NATURE OF THE CASE: This was a case of wrongful life maintained by the child.
FACTS: Dr. Adam Sortini (D) examined James and Donna Turpin's daughter (Hope) (P) and
advised the parents that Hope's hearing was within normal limits. 643 P.2d at 956.
Approximately one year later, the child was correctly diagnosed as being 'stone deaf' as a
result of a hereditary ailment. Id. In their complaint, the Turpins alleged that if they had
known that Hope was deaf they would not have conceived their second child (Joy), who
suffered from the same total deafness as did her sister. Id. The Turpins, on behalf of Joy,
brought a wrongful-life action in which they sought: (1) general damages for being 'deprived
of the fundamental right of a child to be born as a whole, functional human being without
total deafness' and (2) special damages for the 'extraordinary expenses for specialized
teaching, training and hearing equipment' which she will incur during her lifetime as a
result of her hearing impairment. The trial court sustained a demurrer to the Turpins'
wrongful-life action. Id. On appeal, the defendants/appellees took the position that Joy had
suffered 'no legally cognizable injury or rationally ascertainable damages as a result of
their alleged negligence. ' 643 P.2d at 960.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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