JACKSON v. ANDERSON

No. 69-77.

230 So.2d 503 (1970)

Willie C. JACKSON and James E. Jackson, Appellants, v. Dr. W. Richard ANDERSON, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied February 13, 1970.


Attorney(s) appearing for the Case

Fred G. Minnis and C. Bette Wimbish, of Minnis & Williams, St. Petersburg, for appellants.

James E. Tribble, of Blackwell, Walker & Gray, Miami, for appellee.


MANN, Judge.

The complaint dismissed by the order appealed from alleges breach of express warranty and negligence. After a difficult time culminating with the birth of her third child, the defendant recommended and performed an operation said to sterilize Mrs. Jackson. Later, Mrs. Jackson conceived and bore a healthy child after an uneventful pregnancy, a fact not pleaded but admitted at the hearing on the motion. The physician whose breach and negligence are charged...

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