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C.A.M. v. R.A.W.

Superior Court of New Jersey, Appellate Division

568 A.2d 556 (N.J. Super. Ct. App. Div. 1990)

Relevant factsFree

C.A.M. (plaintiff) stopped using birth control after R.A.W. (defendant) falsely told her he'd had a vasectomy, and she became pregnant and gave birth to a healthy child; after establishing R.A.W.'s paternity and obtaining child support through family court, C.A.M. separately sued him for negligent misrepresentation over the vasectomy claim, which R.A.W. admitted making but said was told in jest. The trial court granted R.A.W. summary judgment, and C.A.M. appealed.

IssueFree

Whether public policy bars a civil suit seeking damages for the wrongful birth of a healthy child, where the pregnancy resulted from a sexual partner's misrepresentation about having had a vasectomy.

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