Contracts Keyed to Murphy
Wallis v. Smith
Facts
Plaintiff and Defendant were in a consensual sexual relationship. They discussed contraceptive techniques and agreed that Defendant would use birth control pills. They also agreed that their sexual intimacy would only last as long as Defendant continued taking the birth control pills because Plaintiff made it clear he did not want to be a father. Plaintiff relied on Defendant to use birth control and took no precautions himself. Defendant stopped taking the birth control pills but never informed the Plaintiff of her decision. Their relationship continued and Defendant became pregnant and subsequently gave birth to a baby girl. Plaintiff alleges that he suffered and continues to suffer substantial economic injury as a result of his unintended fatherhood because New Mexico requires him to pay child support. He further alleges that he has been injured by Defendant’s conduct and requests compensatory and punitive damages from her. The district court determined that public policy p rohibited the relief sought by Plaintiff and dismissed with prejudice. Plaintiff appeals.
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