Page:Wilbur v. Kerr, 275 Ark. 239 (1982).pdf/1

Rh 81-174



Appeal from Baxter Circuit Court, Robert W. McCorkindale, II, Judge; affirmed.

Bailey & Paden, P.A., for appellants.

Sidney P. Davis, of Davis, Cox & Wright, for appellees.

D H, Justice. The issue presented to us is whether the parents of a normal, healthy child may recover the expenses of raising that child from a doctor who negligently and unsuccessfully performed a vasectomy on the father resulting in the birth of the unexpected child. The trial court held that as a matter of law such expenses were not recoverable and we agree with that judgment.

The question comes to us from a summary judgment granted to the appellees, Dr. Robert L. Kerr and his professional association. The parties narrowed the issue to the trial court, as they have on appeal, by admitting certain facts. The appellant, Virgil Wilbur, the father of two, sought