The claimant in this case is Alice D. The defendant of the case is William M. The case is being heard in the New York County Harlem Small Claims Court. Both the claimant and the defendant are representing themselves in the case. The Honorable David B. Saxe is overseeing the case.
This case revolves around the issue of a man and a woman having sexual intercourse that resulted in a pregnancy. A New York Injury Lawyer told the man told the woman that he was sterile at the time they had sexual relations. She is suing him for the cost of the abortion and related expenses as a result of the pregnancy.
The essential facts in the case are: The claimant is divorced and lives with her son who is 10 years old. The defendant works as a postal worker, is married, and has three children that are grown. The two become lovers in the fall of 1981 after a friendly relationship of a couple of years.
Before the couple had intercourse they discussed options of birth control as neither one wanted the claimant to become pregnant. The claimant had planned to use a diaphragm, but the respondent told her not to worry because he was sterile as a result of a medical condition. The defendant claims that he is sterile from hydrocele. Hydrocele is a collection of fluid that typically forms a mass around the testicles. It seems that the discussion about the male’s fertility took place before the parties first had intercourse.
It seems that they were in the heat of the moment at the time and the claimant believed the defendant and decided not to use any form of contraceptive. She became pregnant in December and had an abortion in January.
The defendant argues that he is sterile and the pregnancy must have been a result from the claimant having sex with another man. A Nassau County Peronal Injury Lawyer said the claimant denies having sex with anyone else and states that the defendant was the father of the aborted fetus.
Court Discussion and Conclusion
This is a sensitive and difficult issue and there is no expert testimony to help determine the case. A New York City Personal Injury Lawyer said the defendant testifies that he suffers from hydrocele, but offers no proof of this. He also has no other evidence to support his claim of being sterile. Additionally, even if the defendant does suffer from hydrocele, this does not confirm the fact that he is sterile.
After researching the issue, the court has discovered that hydrocele does not necessarily cause a man to become infertile. The court believes that the defendant is not sterile and engaged in sexual relations with the claimant knowing this. Additionally, the court does not believe that the claimant had sex with any other partners during this time.
After further reviewing the case and accusations made by the plaintiff, the court finds in favor of the plaintiff. This court has the discretion to limit the recovery for this type of case to a reasonable amount. The court believes that the reasonable amount for this case includes four days of lost wages, pain and suffering as a result of the pregnancy and abortion, and the cost of the abortion. This amount comes to a total of $564.35, which breaks down as $200 for the abortion, $210 for loss of earnings, $150 for pain and suffering, and $4.35 for transportation.
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