Norman v. Xytex Corporation

Summary

On remand from the Supreme Court of Georgia, the Court of Appeals vacated its prior opinion and adopted the Supreme Court’s decision concerning claims arising from sperm provided by Xytex that resulted in the birth of the plaintiffs’ child. The court affirmed in part and reversed in part the trial court’s ruling on the motion to dismiss and remanded for determination of which claims alleged injuries not dependent on treating the child’s life itself as an injury.

Holdings

1. The Court of Appeals vacated its prior opinion in Norman I and adopted the Supreme Court's opinion in Norman II as its own.
2. Claims for damages that depend on recognizing the child's life as an injury must be dismissed.
3. Claims arising from specific impairments caused or exacerbated by the Defendants' alleged wrongs, as well as claims amounting to ordinary consumer fraud, may proceed if adequately pleaded.

Questions Presented

1. Which of the Normans' claims may proceed after the Supreme Court held that claims dependent on recognizing the child's life as an injury are not cognizable, while claims based on specific impairments or ordinary consumer fraud may proceed?
2. Whether the trial court's ruling on the Defendants' motion to dismiss should be affirmed in part, reversed in part, and remanded for further determination of the adequately pleaded claims.

Disposition

reversed_and_remanded